The answer to your question is a matter of opinion, not on what the law says. There is no provision for such payment as of now. Do you mean as of now should the losing party pay or are you asking a hypothetical question? There is no provision for it, and weather or not there should be a provision for it is a matter of opinion. Operating under the current system, I would, if it were up to me, only make such a policy if the suit is deemed to be frivolous or blatantly wrong. This is similar to how many jurisdictions, including the federal government deal with legal fees. If someone files a blatantly frivolous lawsuit, the judge can order the losing party to pay the legal fees of the prevailing party, since the case was frivolous and a waste of the courts
time. Under our current system I would not make a bright line rule for payment of jurors who are dismissed. The legal process is already expensive enough, tacking that onto the bill would raise the already high cost of representation. This may deter fraudulent lawsuits, however it could just as easily deter valid lawsuits. If there is a genuine question of fact for which a jury can be enpanaled to determine the facts of the case. But for arguments sake, say you had the same jury that sat in the OJ Simpson criminal
case, just in a civil court. This would make a prudent person question weather it is worth taking a case to trial
over the risk that if thy lose, for any reason they not only lost the case but now must pay thousands of dollars to jurors who are ultimately dismissed, you can have a solid air tight case, and the jury could have the combined IQ of 29, but under the scenario you mentioned, it would apply to any losing party, and i think after OJ, XXXXX XXXXX, XXXXX blake, William Kennedy smith, ect From those cases we know jurors sometimes get it wrong. If the case is frivolous or reticules, then paying the jurors would be a deterrent to filing these lawsuits, but in a case where there is a real factual basis we do not want to penalize the plaintiff due to an incompetent jury. Usually in a criminal or civil case, the defending party usually attempts to get a jury full of people of low intelligence, it does not always work, but it is certainly something they would desire.