The cost of a jury trial is split. The government pays for the courtroom, the judge, the court staff, and the jurors through tax revenue. The parties pay for their own lawyers, filing fees, discovery expenses, and expert witnesses. In a criminal case, the government also funds the prosecution, and a defendant who cannot afford a lawyer gets one at public expense. A few rules can shift certain costs onto the losing side after the verdict, but the default in American courts is that each party carries its own legal bill.
What Taxpayers Fund
The basic machinery of every jury trial runs on public money. Judge salaries are the largest single piece, with federal judicial compensation set by statute and published in detailed pay tables.1United States Courts. Judicial Compensation State and local governments fund equivalent positions in their own systems. On top of that, taxpayers cover clerks, court reporters, courthouse maintenance, security, utilities, and technology. The government’s share of any single trial easily runs into six figures before the parties spend a dollar.
Jurors are paid directly out of court funds. In federal court, jurors earn $50 per day at the start of service. Petit jurors who serve more than ten days may receive up to $60 per day if the presiding judge approves the increase, and grand jurors become eligible for the same bump after 45 days. Federal jurors also receive reimbursement for reasonable transportation and, in some courts, parking. Jurors required to stay overnight may have meals and lodging covered.2United States Courts. Juror Pay State court juror pay varies widely. Some states pay as little as $6 per day, and a few pay nothing for the first day or two.
If You’ve Been Summoned for Jury Duty
Federal law does not require your employer to pay your regular wages while you’re on a jury. The Department of Labor treats jury duty the same as any other time not worked under the Fair Labor Standards Act, so employer pay during service is voluntary unless a state law or your employment agreement says otherwise.3U.S. Department of Labor. Jury Duty Larger employers often pay full or partial wages; smaller ones frequently do not.
Your job itself is protected. Under 28 U.S.C. § 1875, no employer can fire, threaten, intimidate, or penalize a permanent employee for serving on a federal jury. Violations expose the employer to liability for lost wages and benefits, a civil penalty of up to $5,000 per violation per employee, and a possible reinstatement order. Reinstated employees keep their seniority and benefits as though they’d been on a leave of absence.4Office of the Law Revision Counsel. 28 U.S. Code 1875 – Protection of Jurors Employment Most states have parallel protections for state court jurors.
What a Civil Litigant Pays
If you’re bringing or defending a civil lawsuit, the expenses stack up quickly. They fall into a few categories.
Filing and Court Fees
Filing a civil case in federal district court requires a statutory fee of $350, plus administrative fees that bring the typical total to around $405.5Office of the Law Revision Counsel. 28 U.S. Code 1914 – District Court Filing and Miscellaneous Fees State filing fees are all over the map, with most falling between $100 and $300. Some state courts charge a separate fee for demanding a jury rather than a bench trial, though these are usually modest, rarely more than $75. You’ll also pay to have the other side served. A private process server generally runs $40 to $100, with rush delivery or hard-to-find defendants costing more. Sheriff’s offices and other agencies that handle service charge their own fees, set locally.
Attorney Fees
Legal representation is almost always the biggest expense. Attorneys bill in one of three ways. Hourly rates run from roughly $150 per hour for a newer attorney in a smaller market to $800 or more for an experienced litigator at a major firm, and a case that goes to trial can rack up hundreds of billable hours. Flat fees are sometimes available for discrete tasks, such as drafting a complaint or handling a straightforward motion. Contingency arrangements are common on the plaintiff side in personal injury and similar cases: the lawyer takes a percentage of any recovery, typically around one-third if the case settles before trial, rising to 40% or more if the case goes through trial or appeal. Recover nothing, owe nothing in attorney fees, though you may still owe costs.
Discovery and Experts
Discovery generates its own bills. Depositions require a court reporter, with transcript fees charged per page. Federal courts cap ordinary transcript rates at a few dollars per page under Judicial Conference schedules, and video, expedited delivery, or long proceedings push the total higher.
Cases that turn on technical or medical questions almost always require expert witnesses. A 2024 industry survey found average hourly rates of roughly $356 for initial case review, $448 for deposition appearances, and $478 for trial testimony. Specialized experts such as neurosurgeons, forensic engineers, or economists charge significantly more, and many require retainers of several thousand dollars up front. A single expert can easily cost $10,000 to $20,000 across the life of a case. Complex litigation often needs several.
If You Can’t Afford to File
Court costs don’t have to shut you out. Under 28 U.S.C. § 1915, a federal court may allow you to file a civil or criminal action without prepaying fees if you submit a sworn statement showing you cannot afford to pay.6Office of the Law Revision Counsel. 28 U.S. Code 1915 – Proceedings In Forma Pauperis This is known as proceeding “in forma pauperis,” and the application requires detailed financial disclosure: income, assets, debts, monthly expenses, and dependents.7United States Courts. Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form)
Approval isn’t automatic. The court can deny the request if the claim appears frivolous or if the applicant’s finances don’t justify a waiver. Prisoners face additional requirements, including a six-month trust fund account statement. Most state courts offer similar fee-waiver programs, with eligibility criteria that vary by jurisdiction.
What a Criminal Defendant Pays
Criminal cases flip the cost structure. The government funds both sides of the courtroom infrastructure and the entire prosecution: prosecutor salaries, law enforcement investigations, forensic lab work, and any witnesses the state calls. Federal Assistant U.S. Attorneys earn between roughly $63,000 and $195,000 depending on experience and role.8U.S. Department of Justice. Administratively Determined Pay Plan Charts State and local prosecutors operate under similar publicly funded structures.
A defendant who hires a private attorney pays the entire bill. Fees vary widely with the charges: a straightforward misdemeanor defense might cost $1,000 to $5,000, while a felony headed to a jury trial can easily run $10,000 to $50,000 or more. Contingency fee arrangements are generally prohibited in criminal defense, so you pay regardless of the outcome.
A defendant who cannot afford a lawyer has a constitutional right to appointed counsel under the Sixth Amendment, meaning either a public defender or a court-appointed private attorney paid by the government.9Constitution Annotated. Modern Doctrine on Right to Have Counsel Appointed
Appointed counsel isn’t always truly free. Forty-two states and the District of Columbia have laws allowing courts to charge defendants for the cost of their appointed attorney, either through upfront application fees or after-the-fact recoupment orders. Upfront fees range from $10 to $400 in states that impose them, and recoupment orders can be considerably higher. In roughly 30 states, unpaid fees can become a condition of probation, and failure to pay could extend court supervision or trigger revocation.
Who Pays After the Verdict
The American Rule on Attorney Fees
In the United States, each side pays its own attorney fees regardless of who wins. This is the American Rule, and it’s the default in virtually every state and federal court. The rationale is that if losing a lawsuit meant covering the winner’s legal bills on top of your own, many people with legitimate claims or defenses would never risk going to court.
The rule has real exceptions. Fee-shifting statutes let the winning party recover attorney fees in specific types of cases. Federal civil rights law, for example, allows courts to award reasonable attorney fees to a prevailing party in actions under the major civil rights statutes, and many consumer protection and employment discrimination laws include similar provisions.10Office of the Law Revision Counsel. 42 U.S. Code 1988 – Proceedings in Vindication of Civil Rights Contractual fee-shifting is another route: if a contract between the parties includes a clause making the loser pay the winner’s attorney fees, courts will generally enforce it. Such clauses are common in commercial leases, lending agreements, and construction contracts. Courts also have inherent power to order a party to pay the other side’s fees for bad-faith litigation, frivolous claims, or conduct designed to harass or delay.
Taxable Costs
Separate from attorney fees, federal law lets the winning party recover certain litigation costs from the loser. Under 28 U.S.C. § 1920, a judge can order reimbursement for clerk and marshal fees, transcript fees for materials necessarily used in the case, witness fees and related disbursements, copy costs for materials necessarily obtained for use in the case, docket fees, and court-appointed expert and interpreter fees. The winning party files a bill of costs, and the judge decides what to allow.11Office of the Law Revision Counsel. 28 U.S. Code 1920 – Taxation of Costs These awards are modest compared to attorney fees, usually a few thousand dollars, but they’re routine in federal litigation. Attorney fees are not recoverable under this statute; they require one of the separate exceptions above.