-CITE-

28 USC CHAPTER 121 - JURIES; TRIAL BY JURY 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 121 - JURIES; TRIAL BY JURY

-HEAD-

CHAPTER 121 - JURIES; TRIAL BY JURY

-MISC1-

Sec.

1861. Declaration of policy.

1862. Discrimination prohibited.

1863. Plan for random jury selection.

1864. Drawing of names from the master jury wheel;

completion of juror qualification form.

1865. Qualifications for jury service.

1866. Selection and summoning of jury panels.

1867. Challenging compliance with selection procedures.

1868. Maintenance and inspection of records.

1869. Definitions.

1870. Challenges.

1871. Fees.

1872. Issues of fact in Supreme Court.

1873. Admiralty and maritime cases.

1874. Actions on bonds and specialties.

1875. Protection of jurors' employment.

1876. Trial by jury in the Court of International Trade.

1877. Protection of jurors.

1878. Optional use of a one-step summoning and qualification

procedure.

AMENDMENTS

1992 - Pub. L. 102-572, title IV, Sec. 403(b), Oct. 29, 1992, 106

Stat. 4512, substituted "Optional" for "Experimental" in item 1878.

1988 - Pub. L. 100-702, title VIII, Sec. 805(b), Nov. 19, 1988,

102 Stat. 4659, added item 1878.

1983 - Pub. L. 97-463, Sec. 3(2), Jan. 12, 1983, 96 Stat. 2532,

added item 1877.

1980 - Pub. L. 96-417, title III, Sec. 302(b), Oct. 10, 1980, 94

Stat. 1739, added item 1876.

1978 - Pub. L. 95-572, Sec. 6(a)(2), Nov. 2, 1978, 92 Stat. 2456,

added item 1875.

1968 - Pub. L. 90-274, Sec. 101, Mar. 27, 1968, 82 Stat. 53,

substituted "Declaration of policy" for "Qualifications" as item

1861, "Discrimination prohibited" for "Exemptions" as item 1862,

"Plan for random jury selection" for "Exclusion or excuse from

service" as item 1863, "Drawing of names from the master jury

wheel; completion of juror qualification form" for "Manner of

drawing; jury commissioners and their compensation" as item 1864,

"Qualifications for jury service" for "Apportionment within

district; additional jury commissioners" as item 1865, "Selection

and summoning of jury panels" for "Special petit juries; talesmen

from bystanders" as item 1866, "Challenging compliance with

selection procedures" for "Summoning jurors" as item 1867,

"Maintenance and inspection of records" for "Disqualification of

marshal or deputy" as item 1868, "Definitions" for "Frequency of

service" as item 1869, and reenacted items 1870-1874 without

change.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 5 section 8101.

-End-

-CITE-

28 USC Sec. 1861 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 121 - JURIES; TRIAL BY JURY

-HEAD-

Sec. 1861. Declaration of policy

-STATUTE-

It is the policy of the United States that all litigants in

Federal courts entitled to trial by jury shall have the right to

grand and petit juries selected at random from a fair cross section

of the community in the district or division wherein the court

convenes. It is further the policy of the United States that all

citizens shall have the opportunity to be considered for service on

grand and petit juries in the district courts of the United States,

and shall have an obligation to serve as jurors when summoned for

that purpose.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 951; Pub. L. 85-315, part V, Sec.

152, Sept. 9, 1957, 71 Stat. 638; Pub. L. 90-274, Sec. 101, Mar.

27, 1968, 82 Stat. 54.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 411 and 415 (Mar. 3,

1911, ch. 231, Secs. 275, 278, 38 Stat. 1164, 1165).

The revised section prescribes uniform standards of qualification

for jurors in Federal Courts instead of making qualifications

depend upon State laws. This is in accord with proposed legislation

recommended by the Judicial Conference of the United States.

The last paragraph is added to exclude jurors incompetent to

serve as jurors in State courts.

AMENDMENTS

1968 - Pub. L. 90-274 substituted provisions declaring the policy

of the United States with respect to trial by jury and the

opportunity to serve on such juries for provisions setting out the

required qualifications of Federal jurors, including age,

citizenship, residence, freedom from conviction of certain crimes,

ability to read, write, speak, and understand the English language,

and capability of rendering efficient jury service.

1957 - Pub. L. 85-315 substituted "Qualifications of Federal

jurors" for "Qualifications" in section catchline.

Pub. L. 85-315 substituted "and who has resided for a period of

one year within the judicial district" for "and resides within the

judicial district", and struck out provisions which prohibited

service as a grand or petit juror if a person was incompetent to

serve as a grand or petit juror by the law of the State in which

the district court is held.

EFFECTIVE DATE OF 1968 AMENDMENT

Section 104 of Pub. L. 90-274 provided that: "This Act [amending

this section and sections 1821, 1862 to 1869, and 1871 of this

title, repealing section 867 of Title 48, Territories and Insular

Possessions, and enacting provisions set out as notes under this

section] shall become effective two hundred and seventy days after

the date of enactment [Mar. 27, 1968]: Provided, That this Act

shall not apply in any case in which an indictment has been

returned or petit jury empaneled prior to such effective date."

SHORT TITLE OF 1978 AMENDMENT

Pub. L. 95-572, Sec. 1, Nov. 2, 1978, 92 Stat. 2453, provided

that: "This Act [enacting sections 1363 and 1875 of this title,

amending sections 1863, 1865, 1866, 1869, and 1871 of this title,

renumbering section 1363 (relating to construction of references to

laws of the United States or Acts of Congress) as section 1364 of

this title, and enacting provisions set out as a note under section

1363 of this title] may be cited as the 'Jury System Improvements

Act of 1978'."

SHORT TITLE

Section 1 of Pub. L. 90-274 provided: "That this Act [amending

this section and sections 1821, 1862 to 1869, and 1871 of this

title, repealing section 867 of Title 48, Territories and Insular

Possessions, and enacting provisions set out as notes under this

section] may be cited as the 'Jury Selection and Service Act of

1968'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1863, 1866, 1878 of this

title.

-End-

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28 USC Sec. 1862 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 121 - JURIES; TRIAL BY JURY

-HEAD-

Sec. 1862. Discrimination prohibited

-STATUTE-

No citizen shall be excluded from service as a grand or petit

juror in the district courts of the United States or in the Court

of International Trade on account of race, color, religion, sex,

national origin, or economic status.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 952; Pub. L. 90-274, Sec. 101,

Mar. 27, 1968, 82 Stat. 54; Pub. L. 96-417, title III, Sec. 302(c),

Oct. 10, 1980, 94 Stat. 1739.)

-MISC1-

HISTORICAL AND REVISION NOTES

This section makes provision for specific exemption of classes of

citizens usually excused from jury service in the interest of the

public health, safety, or welfare. The inclusion in the jury list

of persons so exempted usually serves only to waste the time of the

court.

AMENDMENTS

1980 - Pub. L. 96-417 prohibited discrimination against service

as juror in the Court of International Trade.

1968 - Pub. L. 90-274 substituted provisions prohibiting

discrimination against citizens in their service as jurors because

of race, color, religion, sex, national origin, or economic status

for provisions identifying three groups as exempt from jury

service, including members of the armed forces on active duty,

members of fire or police departments, and public officers actively

engaged in the performance of official duties.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and

applicable with respect to civil actions pending on or commenced on

or after such date, see section 701(a) of Pub. L. 96-417, set out

as a note under section 251 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-274 effective 270 days after Mar. 27,

1968, except as to cases in which an indictment has been returned

or a petit jury empaneled prior to such effective date, see section

104 of Pub. L. 90-274, set out as a note under section 1861 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1863, 1866, 1878 of this

title.

-End-

-CITE-

28 USC Sec. 1863 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 121 - JURIES; TRIAL BY JURY

-HEAD-

Sec. 1863. Plan for random jury selection

-STATUTE-

(a) Each United States district court shall devise and place into

operation a written plan for random selection of grand and petit

jurors that shall be designed to achieve the objectives of sections

1861 and 1862 of this title, and that shall otherwise comply with

the provisions of this title. The plan shall be placed into

operation after approval by a reviewing panel consisting of the

members of the judicial council of the circuit and either the chief

judge of the district whose plan is being reviewed or such other

active district judge of that district as the chief judge of the

district may designate. The panel shall examine the plan to

ascertain that it complies with the provisions of this title. If

the reviewing panel finds that the plan does not comply, the panel

shall state the particulars in which the plan fails to comply and

direct the district court to present within a reasonable time an

alternative plan remedying the defect or defects. Separate plans

may be adopted for each division or combination of divisions within

a judicial district. The district court may modify a plan at any

time and it shall modify the plan when so directed by the reviewing

panel. The district court shall promptly notify the panel, the

Administrative Office of the United States Courts, and the Attorney

General of the United States, of the initial adoption and future

modifications of the plan by filing copies therewith. Modifications

of the plan made at the instance of the district court shall become

effective after approval by the panel. Each district court shall

submit a report on the jury selection process within its

jurisdiction to the Administrative Office of the United States

Courts in such form and at such times as the Judicial Conference of

the United States may specify. The Judicial Conference of the

United States may, from time to time, adopt rules and regulations

governing the provisions and the operation of the plans formulated

under this title.

(b) Among other things, such plan shall -

(1) either establish a jury commission, or authorize the clerk

of the court, to manage the jury selection process. If the plan

establishes a jury commission, the district court shall appoint

one citizen to serve with the clerk of the court as the jury

commission: Provided, however, That the plan for the District of

Columbia may establish a jury commission consisting of three

citizens. The citizen jury commissioner shall not belong to the

same political party as the clerk serving with him. The clerk or

the jury commission, as the case may be, shall act under the

supervision and control of the chief judge of the district court

or such other judge of the district court as the plan may

provide. Each jury commissioner shall, during his tenure in

office, reside in the judicial district or division for which he

is appointed. Each citizen jury commissioner shall receive

compensation to be fixed by the district court plan at a rate not

to exceed $50 per day for each day necessarily employed in the

performance of his duties, plus reimbursement for travel,

subsistence, and other necessary expenses incurred by him in the

performance of such duties. The Judicial Conference of the United

States may establish standards for allowance of travel,

subsistence, and other necessary expenses incurred by jury

commissioners.

(2) specify whether the names of prospective jurors shall be

selected from the voter registration lists or the lists of actual

voters of the political subdivisions within the district or

division. The plan shall prescribe some other source or sources

of names in addition to voter lists where necessary to foster the

policy and protect the rights secured by sections 1861 and 1862

of this title. The plan for the District of Columbia may require

the names of prospective jurors to be selected from the city

directory rather than from voter lists. The plans for the

districts of Puerto Rico and the Canal Zone may prescribe some

other source or sources of names of prospective jurors in lieu of

voter lists, the use of which shall be consistent with the

policies declared and rights secured by sections 1861 and 1862 of

this title. The plan for the district of Massachusetts may

require the names of prospective jurors to be selected from the

resident list provided for in chapter 234A, Massachusetts General

Laws, or comparable authority, rather than from voter lists.

(3) specify detailed procedures to be followed by the jury

commission or clerk in selecting names from the sources specified

in paragraph (2) of this subsection. These procedures shall be

designed to ensure the random selection of a fair cross section

of the persons residing in the community in the district or

division wherein the court convenes. They shall ensure that names

of persons residing in each of the counties, parishes, or similar

political subdivisions within the judicial district or division

are placed in a master jury wheel; and shall ensure that each

county, parish, or similar political subdivision within the

district or division is substantially proportionally represented

in the master jury wheel for that judicial district, division, or

combination of divisions. For the purposes of determining

proportional representation in the master jury wheel, either the

number of actual voters at the last general election in each

county, parish, or similar political subdivision, or the number

of registered voters if registration of voters is uniformly

required throughout the district or division, may be used.

(4) provide for a master jury wheel (or a device similar in

purpose and function) into which the names of those randomly

selected shall be placed. The plan shall fix a minimum number of

names to be placed initially in the master jury wheel, which

shall be at least one-half of 1 per centum of the total number of

persons on the lists used as a source of names for the district

or division; but if this number of names is believed to be

cumbersome and unnecessary, the plan may fix a smaller number of

names to be placed in the master wheel, but in no event less than

one thousand. The chief judge of the district court, or such

other district court judge as the plan may provide, may order

additional names to be placed in the master jury wheel from time

to time as necessary. The plan shall provide for periodic

emptying and refilling of the master jury wheel at specified

times, the interval for which shall not exceed four years.

(5)(A) except as provided in subparagraph (B), specify those

groups of persons or occupational classes whose members shall, on

individual request therefor, be excused from jury service. Such

groups or classes shall be excused only if the district court

finds, and the plan states, that jury service by such class or

group would entail undue hardship or extreme inconvenience to the

members thereof, and excuse of members thereof would not be

inconsistent with sections 1861 and 1862 of this title.

(B) specify that volunteer safety personnel, upon individual

request, shall be excused from jury service. For purposes of this

subparagraph, the term "volunteer safety personnel" means

individuals serving a public agency (as defined in section

1203(6) of title I of the Omnibus Crime Control and Safe Streets

Act of 1968 (!1)) in an official capacity, without compensation,

as firefighters or members of a rescue squad or ambulance crew.

(6) specify that the following persons are barred from jury

service on the ground that they are exempt: (A) members in active

service in the Armed Forces of the United States; (B) members of

the fire or police departments of any State, the District of

Columbia, any territory or possession of the United States, or

any subdivision of a State, the District of Columbia, or such

territory or possession; (C) public officers in the executive,

legislative, or judicial branches of the Government of the United

States, or of any State, the District of Columbia, any territory

or possession of the United States, or any subdivision of a

State, the District of Columbia, or such territory or possession,

who are actively engaged in the performance of official duties.

(7) fix the time when the names drawn from the qualified jury

wheel shall be disclosed to parties and to the public. If the

plan permits these names to be made public, it may nevertheless

permit the chief judge of the district court, or such other

district court judge as the plan may provide, to keep these names

confidential in any case where the interests of justice so

require.

(8) specify the procedures to be followed by the clerk or jury

commission in assigning persons whose names have been drawn from

the qualified jury wheel to grand and petit jury panels.

(c) The initial plan shall be devised by each district court and

transmitted to the reviewing panel specified in subsection (a) of

this section within one hundred and twenty days of the date of

enactment of the Jury Selection and Service Act of 1968. The panel

shall approve or direct the modification of each plan so submitted

within sixty days thereafter. Each plan or modification made at the

direction of the panel shall become effective after approval at

such time thereafter as the panel directs, in no event to exceed

ninety days from the date of approval. Modifications made at the

instance of the district court under subsection (a) of this section

shall be effective at such time thereafter as the panel directs, in

no event to exceed ninety days from the date of modification.

(d) State, local, and Federal officials having custody,

possession, or control of voter registration lists, lists of actual

voters, or other appropriate records shall make such lists and

records available to the jury commission or clerks for inspection,

reproduction, and copying at all reasonable times as the commission

or clerk may deem necessary and proper for the performance of

duties under this title. The district courts shall have

jurisdiction upon application by the Attorney General of the United

States to compel compliance with this subsection by appropriate

process.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 952; Pub. L. 90-274, Sec. 101,

Mar. 27, 1968, 82 Stat. 54; Pub. L. 92-269, Sec. 2, Apr. 6, 1972,

86 Stat. 117; Pub. L. 95-572, Sec. 2(a), Nov. 2, 1978, 92 Stat.

2453; Pub. L. 100-702, title VIII, Sec. 802(b), (c), Nov. 19, 1988,

102 Stat. 4657, 4658; Pub. L. 102-572, title IV, Sec. 401, Oct. 29,

1992, 106 Stat. 4511.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940, ed., Sec. 415 (Mar. 3, 1911, ch.

231, Sec. 278, 36 Stat. 1165).

Subsections (a) and (b) are new and merely declaratory of

existing practice.

The phrase "or previous condition of servitude" was omitted as

obsolete.

Changes were made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

Section 1203(6) of title I of the Omnibus Crime Control and Safe

Streets Act of 1968, referred to in subsec. (b)(5)(B), was

redesignated section 1203(7) of title I of the Omnibus Crime

Control and Safe Streets Act of 1968 by Pub. L. 107-196, Sec.

2(a)(1), June 24, 2002, 116 Stat. 719, and is classified to section

3796b(7) of Title 42, The Public Health and Welfare.

The date of enactment of the Jury Selection and Service Act of

1968, referred to in subsec. (c), is the date of enactment of Pub.

L. 90-274, which was approved Mar. 27, 1968.

-MISC2-

AMENDMENTS

1992 - Subsec. (b)(2). Pub. L. 102-572 inserted at end "The plan

for the district of Massachusetts may require the names of

prospective jurors to be selected from the resident list provided

for in chapter 234A, Massachusetts General Laws, or comparable

authority, rather than from voter lists."

1988 - Subsec. (b)(5). Pub. L. 100-702, Sec. 802(b), designated

existing provisions as subpar. (A), inserted "except as provided in

subparagraph (B),", and added subpar. (B).

Subsec. (b)(6). Pub. L. 100-702, Sec. 802(b), amended par. (6)

generally. Prior to amendment, par. (6) read as follows: "specify

those groups of persons or occupational classes whose members shall

be barred from jury service on the ground that they are exempt.

Such groups or classes shall be exempt only if the district court

finds, and the plan states, that their exemption is in the public

interest and would not be inconsistent with sections 1861 and 1862

of this title. The plan shall provide for exemption of the

following persons: (i) members in active service in the Armed

Forces of the United States; (ii) members of the fire or police

departments of any State, district, territory, possession, or

subdivision thereof; (iii) public officers in the executive,

legislative, or judicial branches of the Government of the United

States, or any State, district, territory, or possession or

subdivision thereof, who are actively engaged in the performance of

official duties."

1978 - Subsec. (b)(7) to (9). Pub. L. 95-572 struck out par. (7)

relating to random jury selection plan provision for fixing the

distance, in miles or in travel time, from each place of holding

court beyond which prospective jurors residing should, on

individual request, be excused from jury service on the ground of

undue hardship in traveling to the place where court was held, now

incorporated in definition of "undue hardship or extreme

inconvenience" in section 1869(j) of this title, and redesignated

pars. (8) and (9) as (7) and (8), respectively.

1972 - Subsec. (b)(4). Pub. L. 92-269 inserted provisions

requiring the master jury wheel to be emptied and refilled in not

greater than four years intervals.

1968 - Subsec. (a). Pub. L. 90-274 substituted provisions

requiring a written plan covering the random selection of jurors by

each United States District Court and the adoption, review, and

modification of the plan for provisions authorizing district judges

to exclude or excuse for good cause persons called as jurors.

Subsec. (b). Pub. L. 90-274 substituted provisions setting out

the nine required features of a plan for random jury selection,

including management by commission or clerk, selection from voter

registration lists, detailed procedures for selecting names, a

master jury wheel, excused or exempted groups, maximum distances of

travel, disclosure of names, and procedures for assigning jurors

drawn from the jury wheel to particular grand and petit jury

panels, for provisions authorizing the district court to excuse,

for the public interests, classes or groups upon a finding that

such jury service would entail undue hardship, extreme

inconvenience, or serious obstruction or delay in the fair and

impartial administration of justice.

Subsec. (c). Pub. L. 90-274 substituted provisions covering the

transmittal of the plan to a reviewing panel and the modification

thereof for provisions prohibiting the exclusion of any citizen

from juror service on account of race or color.

Subsec. (d). Pub. L. 90-274 added subsec. (d).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Jan. 1, 1993, see section

1101(a) of Pub. L. 102-572, set out as a note under section 905 of

Title 2, The Congress.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-572 applicable with respect to any grand

or petit juror summoned for service or actually serving on or after

Nov. 2, 1978, see section 7(a) of Pub. L. 95-572, set out as an

Effective Date note under section 1363 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-274 effective 270 days after Mar. 27,

1968, except as to cases in which an indictment has been returned

or a petit jury empaneled prior to such effective date, see section

104 of Pub. L. 90-274, set out as a note under section 1861 of this

title.

REFILLING OF MASTER JURY WHEEL NOT LATER THAN SEPTEMBER 1, 1973;

REFILLING OF QUALIFIED JURY WHEEL NOT LATER THAN OCTOBER 1, 1973;

RETROACTIVE EFFECT

Sections 3 and 4 of Pub. L. 92-269 provided that:

"Sec. 3. (a) Each judicial district and each division or

combination of divisions within a judicial district, for which a

separate plan for random selection of jurors has been adopted

pursuant to section 1863 of title 28, United States Code, other

than the District of Columbia and the districts of Puerto Rico and

the Canal Zone, shall not later than September 1, 1973, refill its

master jury wheel with names obtained from the voter registration

lists for, or the lists of actual voters in, the 1972 general

election.

"(b) The District of Columbia and the judicial districts of

Puerto Rico and the Canal Zone shall not later than September 1,

1973, refill their master jury wheels from sources which include

the names of persons eighteen years of age or older.

"(c) The qualified jury wheel in each judicial district, and in

each division or combination of divisions in a judicial district

for which a separate plan for random selection of jurors has been

adopted, shall be refilled from the master jury wheel not later

than October 1, 1973.

"Sec. 4. (a) Nothing in this Act amending this section and

section 1865 of this title shall affect the composition of any

master jury wheel or qualified jury wheel prior to the date on

which it is first refilled in compliance with the terms of section

3.

"(b) Nothing in this Act shall affect the composition or preclude

the service of any jury empaneled on or before the date on which

the qualified jury wheel from which the jurors' names were drawn is

refilled in compliance with the provisions of section 3."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1866, 1867, 1868 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

28 USC Sec. 1864 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 121 - JURIES; TRIAL BY JURY

-HEAD-

Sec. 1864. Drawing of names from the master jury wheel; completion

of juror qualification form

-STATUTE-

(a) From time to time as directed by the district court, the

clerk or a district judge shall publicly draw at random from the

master jury wheel the names of as many persons as may be required

for jury service. The clerk or jury commission may, upon order of

the court, prepare an alphabetical list of the names drawn from the

master jury wheel. Any list so prepared shall not be disclosed to

any person except pursuant to the district court plan or pursuant

to section 1867 or 1868 of this title. The clerk or jury commission

shall mail to every person whose name is drawn from the master

wheel a juror qualification form accompanied by instructions to

fill out and return the form, duly signed and sworn, to the clerk

or jury commission by mail within ten days. If the person is unable

to fill out the form, another shall do it for him, and shall

indicate that he has done so and the reason therefor. In any case

in which it appears that there is an omission, ambiguity, or error

in a form, the clerk or jury commission shall return the form with

instructions to the person to make such additions or corrections as

may be necessary and to return the form to the clerk or jury

commission within ten days. Any person who fails to return a

completed juror qualification form as instructed may be summoned by

the clerk or jury commission forthwith to appear before the clerk

or jury commission to fill out a juror qualification form. A person

summoned to appear because of failure to return a juror

qualification form as instructed who personally appears and

executes a juror qualification form before the clerk or jury

commission may, at the discretion of the district court, except

where his prior failure to execute and mail such form was willful,

be entitled to receive for such appearance the same fees and travel

allowances paid to jurors under section 1871 of this title. At the

time of his appearance for jury service, any person may be required

to fill out another juror qualification form in the presence of the

jury commission or the clerk or the court, at which time, in such

cases as it appears warranted, the person may be questioned, but

only with regard to his responses to questions contained on the

form. Any information thus acquired by the clerk or jury commission

may be noted on the juror qualification form and transmitted to the

chief judge or such district court judge as the plan may provide.

(b) Any person summoned pursuant to subsection (a) of this

section who fails to appear as directed shall be ordered by the

district court forthwith to appear and show cause for his failure

to comply with the summons. Any person who fails to appear pursuant

to such order or who fails to show good cause for noncompliance

with the summons may be fined not more than $100 or imprisoned not

more than three days, or both. Any person who willfully

misrepresents a material fact on a juror qualification form for the

purpose of avoiding or securing service as a juror may be fined not

more than $100 or imprisoned not more than three days, or both.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 952; Pub. L. 90-274, Sec. 101,

Mar. 27, 1968, 82 Stat. 57; Pub. L. 100-702, title VIII, Sec.

803(a), Nov. 19, 1988, 102 Stat. 4658.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 412, 412a (Mar. 3,

1911, ch. 231, Sec. 276, 36 Stat. 1164; Feb. 3, 1917, ch. 27, 39

Stat. 873; May 21, 1945, ch. 129, title IV, 59 Stat. 198; July 5,

1946, ch. 541, title IV, 60 Stat. 478).

The words "The district court" were substituted for the phrase

"the judge thereof, or by the judge senior in commission in

districts having more than one judge" to conform to other sections

authorizing appointment of court officers. See section 751 of this

title relating to appointment of district court clerk.

The limitation in section 412a of title 28, U.S.C., 1940 ed.,

that jury commissioners shall serve no more than three days in any

one term of court was omitted as unnecessary. This is a matter that

may safely be left to the discretion of the court.

The last paragraph was added in conformity with section 11-1401

of the District of Columbia Code, 1940 ed., providing for three

jury commissioners.

Changes were made in phraseology.

SENATE REVISION AMENDMENT

As finally enacted, act July 9, 1947, ch. 211, title IV, 61 Stat.

304, which was classified to Title 28, U.S.C., 1946 ed., Sec. 412a,

was also a source of this section. Accordingly such act was

included by Senate amendment in the schedule of repeals. See 80th

Congress Senate Report No. 1559.

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-702 amended second sentence

generally. Prior to amendment, second sentence read as follows:

"The clerk or jury commission shall prepare an alphabetical list of

the names drawn, which list shall not be disclosed to any person

except pursuant to the district court plan and to sections 1867 and

1868 of this title."

1968 - Pub. L. 90-274 substituted provisions for the public

drawing of names from the master jury wheel, the completion of the

jury qualification form, and the penalties for failure to appear

and for misrepresentation of material facts for provisions

requiring the drawing of names from a jury box, the refilling of

the box by the clerk and a jury commissioner, the requirements and

compensation of the commissioner, and the alternate placement of

names by the clerk and the commissioner.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-274 effective 270 days after Mar. 27,

1968, except as to cases in which an indictment has been returned

or a petit jury empaneled prior to such effective date, see section

104 of Pub. L. 90-274, set out as a note under section 1861 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1869 of this title.

-End-

-CITE-

28 USC Sec. 1865 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 121 - JURIES; TRIAL BY JURY

-HEAD-

Sec. 1865. Qualifications for jury service

-STATUTE-

(a) The chief judge of the district court, or such other district

court judge as the plan may provide, on his initiative or upon

recommendation of the clerk or jury commission, or the clerk under

supervision of the court if the court's jury selection plan so

authorizes, shall determine solely on the basis of information

provided on the juror qualification form and other competent

evidence whether a person is unqualified for, or exempt, or to be

excused from jury service. The clerk shall enter such determination

in the space provided on the juror qualification form and in any

alphabetical list of names drawn from the master jury wheel. If a

person did not appear in response to a summons, such fact shall be

noted on said list.

(b) In making such determination the chief judge of the district

court, or such other district court judge as the plan may provide,

or the clerk if the court's jury selection plan so provides, shall

deem any person qualified to serve on grand and petit juries in the

district court unless he -

(1) is not a citizen of the United States eighteen years old

who has resided for a period of one year within the judicial

district;

(2) is unable to read, write, and understand the English

language with a degree of proficiency sufficient to fill out

satisfactorily the juror qualification form;

(3) is unable to speak the English language;

(4) is incapable, by reason of mental or physical infirmity, to

render satisfactory jury service; or

(5) has a charge pending against him for the commission of, or

has been convicted in a State or Federal court of record of, a

crime punishable by imprisonment for more than one year and his

civil rights have not been restored.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 952; Pub. L. 90-274, Sec. 101,

Mar. 27, 1968, 82 Stat. 58; Pub. L. 92-269, Sec. 1, Apr. 6, 1972,

86 Stat. 117; Pub. L. 95-572, Sec. 3(a), Nov. 2, 1978, 92 Stat.

2453; Pub. L. 100-702, title VIII, Sec. 803(b), Nov. 19, 1988, 102

Stat. 4658; Pub. L. 106-518, title III, Sec. 305, Nov. 13, 2000,

114 Stat. 2418.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 181, 413 (Mar. 3,

1911, ch. 231, Secs. 100, 277, 36 Stat. 1121, 1164).

Section consolidates a part of section 181 with section 413 of

title 28, U.S.C., 1940 ed. Other provisions of said section 181 are

incorporated in section 115 of this title.

Word "jurors" was changed to "grand and petit jurors" upon

authority of Agnew v. United States, 1897, 17 S.Ct. 235, 165 U.S.

36, 41 L.Ed. 624, construing such term to include both types of

jurors.

The last sentence of subsection (a) was added to conform with

existing practice in many districts. Subsection (b) extends to all

districts a provision of section 181 of title 28, U.S.C., 1940 ed.,

which was designed for the convenience of the districts in Ohio and

permitted jurors drawn for service at Cleveland, Toledo, and

Columbus to serve at Youngstown, Lima, and Steubenville,

respectively.

Changes were made in phraseology.

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-518, Sec. 305(1), inserted "or

the clerk under supervision of the court if the court's jury

selection plan so authorizes," after "jury commission,".

Subsec. (b). Pub. L. 106-518, Sec. 305(2), inserted "or the clerk

if the court's jury selection plan so provides," after "may

provide," in introductory provisions.

1988 - Subsec. (a). Pub. L. 100-702 substituted "in any

alphabetical" for "the alphabetical".

1978 - Subsec. (b)(5). Pub. L. 95-572 struck out "by pardon or

amnesty" after "civil rights have not been restored".

1972 - Subsec. (b)(1). Pub. L. 92-269 substituted "eighteen years

old" for "twenty-one years old".

1968 - Subsec. (a). Pub. L. 90-274 substituted provisions for the

excusing of persons from jury service by the chief judge of the

district court or by other district court judge for provisions

requiring the selection of jurors so as to be most favorable to an

impartial trial and so as to minimize the expense and burden of

jury service.

Subsec. (b). Pub. L. 90-274 substituted provisions setting out

the conditions of ineligibility for jury service for provisions

authorizing the service of jurors in a place within the district

other than the place for which the jurors were summoned.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-572 applicable with respect to any grand

or petit juror summoned for service or actually serving on or after

Nov. 2, 1978, see section 7(a) of Pub. L. 95-572, set out as an

Effective Date note under section 1363 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-274 effective 270 days after Mar. 27,

1968, except as to cases in which an indictment has been returned

or a petit jury empaneled prior to such effective date, see section

104 of Pub. L. 90-274, set out as a note under section 1861 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1866, 1876 of this title.

-End-

-CITE-

28 USC Sec. 1866 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 121 - JURIES; TRIAL BY JURY

-HEAD-

Sec. 1866. Selection and summoning of jury panels

-STATUTE-

(a) The jury commission, or in the absence thereof the clerk,

shall maintain a qualified jury wheel and shall place in such wheel

names of all persons drawn from the master jury wheel who are

determined to be qualified as jurors and not exempt or excused

pursuant to the district court plan. From time to time, the jury

commission or the clerk shall publicly draw at random from the

qualified jury wheel such number of names of persons as may be

required for assignment to grand and petit jury panels. The jury

commission or the clerk shall prepare a separate list of names of

persons assigned to each grand and petit jury panel.

(b) When the court orders a grand or petit jury to be drawn, the

clerk or jury commission or their duly designated deputies shall

issue summonses for the required number of jurors.

Each person drawn for jury service may be served personally, or

by registered, certified, or first-class mail addressed to such

person at his usual residence or business address.

If such service is made personally, the summons shall be

delivered by the clerk or the jury commission or their duly

designated deputies to the marshal who shall make such service.

If such service is made by mail, the summons may be served by the

marshal or by the clerk, the jury commission or their duly

designated deputies, who shall make affidavit of service and shall

attach thereto any receipt from the addressee for a registered or

certified summons.

(c) Except as provided in section 1865 of this title or in any

jury selection plan provision adopted pursuant to paragraph (5) or

(6) of section 1863(b) of this title, no person or class of persons

shall be disqualified, excluded, excused, or exempt from service as

jurors: Provided, That any person summoned for jury service may be

(1) excused by the court, or by the clerk under supervision of the

court if the court's jury selection plan so authorizes, upon a

showing of undue hardship or extreme inconvenience, for such period

as the court deems necessary, at the conclusion of which such

person either shall be summoned again for jury service under

subsections (b) and (c) of this section or, if the court's jury

selection plan so provides, the name of such person shall be

reinserted into the qualified jury wheel for selection pursuant to

subsection (a) of this section, or (2) excluded by the court on the

ground that such person may be unable to render impartial jury

service or that his service as a juror would be likely to disrupt

the proceedings, or (3) excluded upon peremptory challenge as

provided by law, or (4) excluded pursuant to the procedure

specified by law upon a challenge by any party for good cause

shown, or (5) excluded upon determination by the court that his

service as a juror would be likely to threaten the secrecy of the

proceedings, or otherwise adversely affect the integrity of jury

deliberations. No person shall be excluded under clause (5) of this

subsection unless the judge, in open court, determines that such is

warranted and that exclusion of the person will not be inconsistent

with sections 1861 and 1862 of this title. The number of persons

excluded under clause (5) of this subsection shall not exceed one

per centum of the number of persons who return executed jury

qualification forms during the period, specified in the plan,

between two consecutive fillings of the master jury wheel. The

names of persons excluded under clause (5) of this subsection,

together with detailed explanations for the exclusions, shall be

forwarded immediately to the judicial council of the circuit, which

shall have the power to make any appropriate order, prospective or

retroactive, to redress any misapplication of clause (5) of this

subsection, but otherwise exclusions effectuated under such clause

shall not be subject to challenge under the provisions of this

title. Any person excluded from a particular jury under clause (2),

(3), or (4) of this subsection shall be eligible to sit on another

jury if the basis for his initial exclusion would not be relevant

to his ability to serve on such other jury.

(d) Whenever a person is disqualified, excused, exempt, or

excluded from jury service, the jury commission or clerk shall note

in the space provided on his juror qualification form or on the

juror's card drawn from the qualified jury wheel the specific

reason therefor.

(e) In any two-year period, no person shall be required to (1)

serve or attend court for prospective service as a petit juror for

a total of more than thirty days, except when necessary to complete

service in a particular case, or (2) serve on more than one grand

jury, or (3) serve as both a grand and petit juror.

(f) When there is an unanticipated shortage of available petit

jurors drawn from the qualified jury wheel, the court may require

the marshal to summon a sufficient number of petit jurors selected

at random from the voter registration lists, lists of actual

voters, or other lists specified in the plan, in a manner ordered

by the court consistent with sections 1861 and 1862 of this title.

(g) Any person summoned for jury service who fails to appear as

directed shall be ordered by the district court to appear forthwith

and show cause for his failure to comply with the summons. Any

person who fails to show good cause for noncompliance with a

summons may be fined not more than $100 or imprisoned not more than

three days, or both.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 952; May 24, 1949, ch. 179, Sec.

96, 63 Stat. 103; Pub. L. 90-274, Sec. 101, Mar. 27, 1968, 82 Stat.

58; Pub. L. 91-543, Dec. 11, 1970, 84 Stat. 1408; Pub. L. 95-572,

Sec. 2(b), Nov. 2, 1978, 92 Stat. 2453; Pub. L. 97-463, Sec. 2,

Jan. 12, 1983, 96 Stat. 2531; Pub. L. 100-702, title VIII, Sec.

801, Nov. 19, 1988, 102 Stat. 4657.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 28, U.S.C., 1940 ed., Secs. 417, 418 (Mar. 3,

1911, ch. 231, Secs. 280, 281, 36 Stat. 1165).

Section consolidates parts of sections 417, 418 of title 28,

U.S.C., 1940 ed., with necessary changes in phraseology.

The requirement of section 418 of title 28, U.S.C., 1940 ed., for

the summoning of a special jury in accordance with the law of the

state was omitted as unnecessary and incongruous in view of other

sections of this chapter making adequate provision for summoning

jurors.

1949 ACT

This section amends section 1866 of title 28, U.S.C., by

restoring provision of original law that special juries be

impaneled in accordance with laws of the respective States.

AMENDMENTS

1988 - Subsec. (c)(1). Pub. L. 100-702 amended cl. (1) generally.

Prior to amendment, cl. (1) read as follows: "excused by the court,

upon a showing of undue hardship or extreme inconvenience, for such

period as the court deems necessary, at the conclusion of which

such person shall be summoned again for jury service under

subsections (b) and (c) of this section, or".

1983 - Subsec. (b). Pub. L. 97-463, Sec. 2, inserted provision in

second par. authorizing service by first-class mail of persons

drawn for jury service, substituted in fourth par. "If such service

is made by mail, the summons may be served by the marshal or by the

clerk, the jury commission or their duly designated deputies, who

shall make affidavit of service and shall attach thereto any

receipt from the addressee for a registered or certified summons"

for "If such service is made by registered or certified mail, the

summons may be served by the clerk or jury commission or their duly

designated deputies who shall make affidavit of service and shall

file with such affidavit the addressee's receipt for the registered

or certified summons" and struck out provision requiring the

marshal, if service was made by the marshal, to attach to his

return the addressee's receipt for the registered or certified

mail.

1978 - Subsec. (c). Pub. L. 95-572 struck out introductory text

reference to par. (7) of section 1863(b) of this title.

1970 - Subsec. (b). Pub. L. 91-543 inserted provisions

authorizing duly designated deputies of the clerk or the jury

commission to issue summonses, and deliver them to the marshal for

service when personal service is to be made, and provisions

authorizing, if service is made by registered or certified mail,

the clerk or the jury commission or their duly designated deputies

to make service of the summons.

1968 - Subsec. (a). Pub. L. 90-274 substituted provisions

authorizing the commission or clerk to maintain a jury wheel of

qualified jurors and to draw particular panels therefrom for

provisions authorizing the marshal to summon talesmen from the

bystanders when there is an insufficient number of petit jurors.

Subsec. (b). Pub. L. 90-274 substituted provisions directing the

clerk or jury commission to deliver summonses to the marshal for

service when the court orders a grand or petit jury to be drawn and

setting out the details of service for provisions requiring that,

when a special jury was ordered by a district court, it had to be

returned by the marshal in the same manner and form as was required

in such case by the law of the State in which the district court

sat.

Subsecs. (c) to (g). Pub. L. 90-274 added subsecs. (c) to (g).

1949 - Act May 24, 1949, divided section into subsections and

restored provisions that special juries be impaneled in accordance

with State law.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-572 applicable with respect to any grand

or petit juror summoned for service or actually serving on or after

Nov. 2, 1978, see section 7(a) of Pub. L. 95-572, set out as an

Effective Date note under section 1363 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-274 effective 270 days after Mar. 27,

1968, except as to cases in which an indictment has been returned

or a petit jury empaneled prior to such effective date, see section

104 of Pub. L. 90-274, set out as a note under section 1861 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1869 of this title.

-End-

-CITE-

28 USC Sec. 1867 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 121 - JURIES; TRIAL BY JURY

-HEAD-

Sec. 1867. Challenging compliance with selection procedures

-STATUTE-

(a) In criminal cases, before the voir dire examination begins,

or within seven days after the defendant discovered or could have

discovered, by the exercise of diligence, the grounds therefor,

whichever is earlier, the defendant may move to dismiss the

indictment or stay the proceedings against him on the ground of

substantial failure to comply with the provisions of this title in

selecting the grand or petit jury.

(b) In criminal cases, before the voir dire examination begins,

or within seven days after the Attorney General of the United

States discovered or could have discovered, by the exercise of

diligence, the grounds therefor, whichever is earlier, the Attorney

General may move to dismiss the indictment or stay the proceedings

on the ground of substantial failure to comply with the provisions

of this title in selecting the grand or petit jury.

(c) In civil cases, before the voir dire examination begins, or

within seven days after the party discovered or could have

discovered, by the exercise of diligence, the grounds therefor,

whichever is earlier, any party may move to stay the proceedings on

the ground of substantial failure to comply with the provisions of

this title in selecting the petit jury.

(d) Upon motion filed under subsection (a), (b), or (c) of this

section, containing a sworn statement of facts which, if true,

would constitute a substantial failure to comply with the

provisions of this title, the moving party shall be entitled to

present in support of such motion the testimony of the jury

commission or clerk, if available, any relevant records and papers

not public or otherwise available used by the jury commissioner or

clerk, and any other relevant evidence. If the court determines

that there has been a substantial failure to comply with the

provisions of this title in selecting the grand jury, the court

shall stay the proceedings pending the selection of a grand jury in

conformity with this title or dismiss the indictment, whichever is

appropriate. If the court determines that there has been a

substantial failure to comply with the provisions of this title in

selecting the petit jury, the court shall stay the proceedings

pending the selection of a petit jury in conformity with this

title.

(e) The procedures prescribed by this section shall be the

exclusive means by which a person accused of a Federal crime, the

Attorney General of the United States or a party in a civil case

may challenge any jury on the ground that such jury was not

selected in conformity with the provisions of this title. Nothing

in this section shall preclude any person or the United States from

pursuing any other remedy, civil or criminal, which may be

available for the vindication or enforcement of any law prohibiting

discrimination on account of race, color, religion, sex, national

origin or economic status in the selection of persons for service

on grand or petit juries.

(f) The contents of records or papers used by the jury commission

or clerk in connection with the jury selection process shall not be

disclosed, except pursuant to the district court plan or as may be

necessary in the preparation or presentation of a motion under

subsection (a), (b), or (c) of this section, until after the master

jury wheel has been emptied and refilled pursuant to section

1863(b)(4) of this title and all persons selected to serve as

jurors before the master wheel was emptied have completed such

service. The parties in a case shall be allowed to inspect,

reproduce, and copy such records or papers at all reasonable times

during the preparation and pendency of such a motion. Any person

who discloses the contents of any record or paper in violation of

this subsection may be fined not more than $1,000 or imprisoned not

more than one year, or both.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 953; Pub. L. 85-259, Sept. 2,

1957, 71 Stat. 583; Pub. L. 90-274, Sec. 101, Mar. 27, 1968, 82

Stat. 59.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 416 (Mar. 3, 1911, ch.

231, Sec. 279, 36 Stat. 1165; Jan. 31, 1929, ch. 126, 45 Stat.

1145).

Provisions for service by a disinterested person when marshal or

his deputy is disqualified is incorporated in section 1868 of this

title.

Provision for payment and reimbursement of postage and registry

fee were omitted as covered by section 560 of this title.

Word "summons" was substituted for "writ of venire facias" in

harmony with the Federal Rules of Civil Procedure which abolished

unnecessary forms. See Rule 81(b) thereof, and Rule 12 of the

Federal Rules of Criminal Procedure.

Provision of section 416 of title 28, U.S.C., 1940 ed., that the

receipt of the person so addressed by registered mail should be

regarded as personal service, was omitted. Such omission is

consistent with Rule 5(b) of the Federal Rules of Civil Procedure

providing that service by mail is complete upon mailing.

Provision for attachment to the return of the addressee's receipt

for the summons, was inserted to cover its disposition.

Provision that no mileage shall be allowed for service by mail

was omitted as unnecessary.

Changes were made in phraseology.

AMENDMENTS

1968 - Pub. L. 90-274 substituted provisions by which a defendant

may assert noncompliance with the selection procedures of the jury

for provisions covering the issuance of summonses for jurors and

service thereof upon jurors.

1957 - Pub. L. 85-259 inserted "or certified" in second and third

sentences.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-274 effective 270 days after Mar. 27,

1968, except as to cases in which an indictment has been returned

or a petit jury empaneled prior to such effective date, see section

104 of Pub. L. 90-274, set out as a note under section 1861 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1864, 1878 of this title.

-End-

-CITE-

28 USC Sec. 1868 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 121 - JURIES; TRIAL BY JURY

-HEAD-

Sec. 1868. Maintenance and inspection of records

-STATUTE-

After the master jury wheel is emptied and refilled pursuant to

section 1863(b)(4) of this title, and after all persons selected to

serve as jurors before the master wheel was emptied have completed

such service, all records and papers compiled and maintained by the

jury commission or clerk before the master wheel was emptied shall

be preserved in the custody of the clerk for four years or for such

longer period as may be ordered by a court, and shall be available

for public inspection for the purpose of determining the validity

of the selection of any jury.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 953; Pub. L. 90-274, Sec. 101,

Mar. 27, 1968, 82 Stat. 60.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 416, 417 (Mar. 3,

1911, ch. 231, Secs. 279, 280, 36 Stat. 1165, Jan. 31, 1929, ch.

126, 45 Stat. 1145).

Section consolidates parts of sections 416, 417 of title 28,

U.S.C., 1940 ed., with necessary changes in phraseology.

The remaining portion of section 416 of title 28, U.S.C., 1940

ed., constitutes section 1867 of this title.

The remainder of section 417 of title 28, U.S.C., 1940 ed., is

incorporated in section 1866 of this title.

Words, "in the opinion of the court, disqualified" were

substituted for "not an indifferent person, or is interested in the

event of the cause".

AMENDMENTS

1968 - Pub. L. 90-274 substituted provisions for the maintenance

and inspection of records in the hands of the commission or clerk

before the master wheel was emptied for provisions covering the

disqualification of the United States marshal or his deputy and the

appointment of a disinterested person by the court.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-274 effective 270 days after Mar. 27,

1968, except as to cases in which an indictment has been returned

or a petit jury empaneled prior to such effective date, see section

104 of Pub. L. 90-274, set out as a note under section 1861 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1864 of this title.

-End-

-CITE-

28 USC Sec. 1869 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 121 - JURIES; TRIAL BY JURY

-HEAD-

Sec. 1869. Definitions

-STATUTE-

For purposes of this chapter -

(a) "clerk" and "clerk of the court" shall mean the clerk of

the district court of the United States, any authorized deputy

clerk, and any other person authorized by the court to assist the

clerk in the performance of functions under this chapter;

(b) "chief judge" shall mean the chief judge of any district

court of the United States;

(c) "voter registration lists" shall mean the official records

maintained by State or local election officials of persons

registered to vote in either the most recent State or the most

recent Federal general election, or, in the case of a State or

political subdivision thereof that does not require registration

as a prerequisite to voting, other official lists of persons

qualified to vote in such election. The term shall also include

the list of eligible voters maintained by any Federal examiner

pursuant to the Voting Rights Act of 1965 where the names on such

list have not been included on the official registration lists or

other official lists maintained by the appropriate State or local

officials. With respect to the districts of Guam and the Virgin

Islands, "voter registration lists" shall mean the official

records maintained by territorial election officials of persons

registered to vote in the most recent territorial general

election;

(d) "lists of actual voters" shall mean the official lists of

persons actually voting in either the most recent State or the

most recent Federal general election;

(e) "division" shall mean: (1) one or more statutory divisions

of a judicial district; or (2) in statutory divisions that

contain more than one place of holding court, or in judicial

districts where there are no statutory divisions, such counties,

parishes, or similar political subdivisions surrounding the

places where court is held as the district court plan shall

determine: Provided, That each county, parish, or similar

political subdivision shall be included in some such division;

(f) "district court of the United States", "district court",

and "court" shall mean any district court established by chapter

5 of this title, and any court which is created by Act of

Congress in a territory and is invested with any jurisdiction of

a district court established by chapter 5 of this title;

(g) "jury wheel" shall include any device or system similar in

purpose or function, such as a properly programed electronic data

processing system or device;

(h) "juror qualification form" shall mean a form prescribed by

the Administrative Office of the United States Courts and

approved by the Judicial Conference of the United States, which

shall elicit the name, address, age, race, occupation, education,

length of residence within the judicial district, distance from

residence to place of holding court, prior jury service, and

citizenship of a potential juror, and whether he should be

excused or exempted from jury service, has any physical or mental

infirmity impairing his capacity to serve as juror, is able to

read, write, speak, and understand the English language, has

pending against him any charge for the commission of a State or

Federal criminal offense punishable by imprisonment for more than

one year, or has been convicted in any State or Federal court of

record of a crime punishable by imprisonment for more than one

year and has not had his civil rights restored. The form shall

request, but not require, any other information not inconsistent

with the provisions of this title and required by the district

court plan in the interests of the sound administration of

justice. The form shall also elicit the sworn statement that his

responses are true to the best of his knowledge. Notarization

shall not be required. The form shall contain words clearly

informing the person that the furnishing of any information with

respect to his religion, national origin, or economic status is

not a prerequisite to his qualification for jury service, that

such information need not be furnished if the person finds it

objectionable to do so, and that information concerning race is

required solely to enforce nondiscrimination in jury selection

and has no bearing on an individual's qualification for jury

service.

(i) "public officer" shall mean a person who is either elected

to public office or who is directly appointed by a person elected

to public office;

(j) "undue hardship or extreme inconvenience", as a basis for

excuse from immediate jury service under section 1866(c)(1) of

this chapter, shall mean great distance, either in miles or

traveltime, from the place of holding court, grave illness in the

family or any other emergency which outweighs in immediacy and

urgency the obligation to serve as a juror when summoned, or any

other factor which the court determines to constitute an undue

hardship or to create an extreme inconvenience to the juror; and

in addition, in situations where it is anticipated that a trial

or grand jury proceeding may require more than thirty days of

service, the court may consider, as a further basis for temporary

excuse, severe economic hardship to an employer which would

result from the absence of a key employee during the period of

such service;

(k) "publicly draw", as referred to in sections 1864 and 1866

of this chapter, shall mean a drawing which is conducted within

the district after reasonable public notice and which is open to

the public at large under the supervision of the clerk or jury

commission, except that when a drawing is made by means of

electronic data processing, "publicly draw" shall mean a drawing

which is conducted at a data processing center located in or out

of the district, after reasonable public notice given in the

district for which juror names are being drawn, and which is open

to the public at large under such supervision of the clerk or

jury commission as the Judicial Conference of the United States

shall by regulation require; and

(l) "jury summons" shall mean a summons issued by a clerk of

court, jury commission, or their duly designated deputies,

containing either a preprinted or stamped seal of court, and

containing the name of the issuing clerk imprinted in preprinted,

type, or facsimile manner on the summons or the envelopes

transmitting the summons.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 953; Pub. L. 88-139, Sec. 2, Oct.

16, 1963, 77 Stat. 248; Pub. L. 90-274, Sec. 101, Mar. 27, 1968, 82

Stat. 61; Pub. L. 91-358, title I, Sec. 172(b), July 29, 1970, 84

Stat. 590; Pub. L. 92-437, Sec. 1, Sept. 29, 1972, 86 Stat. 740;

Pub. L. 95-572, Secs. 3(b), 4, Nov. 2, 1978, 92 Stat. 2453; Pub. L.

95-598, title II, Sec. 243, Nov. 6, 1978, 92 Stat. 2671; Pub. L.

99-650, Sec. 3, Nov. 14, 1986, 100 Stat. 3641; Pub. L. 100-702,

title VIII, Secs. 802(a), 804, Nov. 19, 1988, 102 Stat. 4657,

4658.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 423 (Mar. 3, 1911, ch.

231, Sec. 286, 36 Stat. 1166). Changes were made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

The Voting Rights Act of 1965, referred to in subsec. (c), is

Pub. L. 89-110, Aug. 6, 1965, 79 Stat. 437, as amended, which is

classified generally to subchapters I-A (Sec. 1973 et seq.), I-B

(Sec. 1973aa et seq.), and I-C (Sec. 1973bb et seq.) of chapter 20

of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 1971 of Title 42 and Tables.

-MISC2-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-702, Sec. 802(a), amended subsec.

(a) generally, substituting ", any authorized deputy clerk, and any

other person authorized by the court to assist the clerk in the

performance of functions under this chapter" for "or any authorized

deputy clerk".

Subsec. (f). Pub. L. 100-702, Sec. 804, amended subsec. (f)

generally. Prior to amendment, subsec. (f) read as follows: "

'district court of the United States', 'district court', and

'court' shall mean courts constituted under chapter 5 of title 28,

United States Code, section 22 of the Organic Act of Guam, as

amended (64 Stat. 389; 48 U.S.C. 1424), section 21 of the Revised

Organic Act of the Virgin Islands (68 Stat. 506; 48 U.S.C. 1611),

and section 1 of title 3, Canal Zone Code;;".

1986 - Subsec. (f). Pub. L. 99-650 struck out "except that for

purposes of sections 1861, 1862, 1866(c), 1866(d), and 1867 of this

chapter such terms shall include the Superior Court of the District

of Columbia" after "Canal Zone Code;".

1978 - Subsec. (f). Pub. L. 95-598 directed the amendment of

subsec. (f) by inserting "chapter 6 of title 28, United States

Code," after "chapter 5 of title 28, United States Code,", which

amendment did not become effective pursuant to section 402(b) of

Pub. L. 95-598, as amended, set out as an Effective Date note

preceding section 101 of Title 11, Bankruptcy.

Subsec. (h). Pub. L. 95-572, Sec. 3(b), struck out "by pardon or

amnesty" after "civil rights restored".

Subsecs. (j) to (l). Pub. L. 95-572, Sec. 4, added subsecs. (j)

to (l).

1972 - Subsec. (h). Pub. L. 92-437 added race and occupation to

the particulars to be elicited on the juror qualification form, in

provisions distinguishing between information to be requested and

information to be required, struck out "race and occupation of a

potential juror", and in information to be contained in the form,

struck out "race, color" and "occupation" from the particulars, and

required additional material to be contained in the form that

information concerning race is required solely to enforce

nondiscrimination in jury selection and that it has no bearing on

an individual's qualification for jury service.

1970 - Subsec. (f). Pub. L. 91-358 substituted reference to the

Superior Court of the District of Columbia for references to the

District of Columbia Court of General Sessions and the Juvenile

Court of the District of Columbia.

1968 - Pub. L. 90-274 substituted provisions defining "clerk",

"clerk of the court", "chief judge", "voter registration lists",

"list of actual voters", "division", "district court", "jury

wheel", "juror qualification form", and "public officer" for

provisions allowing the challenge of a petit juror who had been

summoned and attended court as a petit juror at any session held

within one year prior to the challenge.

1963 - Pub. L. 88-139 substituted "session" for "term".

EFFECTIVE DATE OF 1986 AMENDMENT

Section 4(a) of Pub. L. 99-650 provided in part that: "The

provisions of this Act [amending this section] shall take effect

180 days after the date of enactment of this Act [Nov. 14, 1986]".

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-572 applicable with respect to any grand

or petit juror summoned for service or actually serving on or after

Nov. 2, 1978, see section 7(a) of Pub. L. 95-572, set out as an

Effective Date note under section 1363 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 2 of Pub. L. 92-437 provided that: "This Act [amending

this section] shall take effect on the sixtieth day after the date

of its enactment [Sept. 29, 1972]."

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-358 effective first day of seventh

calendar month which begins after July 29, 1970, see section 199(a)

of Pub. L. 91-358, set out as a note under section 1257 of this

title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-274 effective 270 days after Mar. 27,

1968, except as to cases in which an indictment has been returned

or a petit jury empaneled prior to such effective date, see section

104 of Pub. L. 90-274, set out as a note under section 1861 of this

title.

-TRANS-

TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE

CANAL ZONE

For termination of the United States District Court for the

District of the Canal Zone at end of the "transition period", being

the 30-month period beginning Oct. 1, 1979, and ending midnight

Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal

Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96-70,

title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to

sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign

Relations and Intercourse.

-End-

-CITE-

28 USC Sec. 1870 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 121 - JURIES; TRIAL BY JURY

-HEAD-

Sec. 1870. Challenges

-STATUTE-

In civil cases, each party shall be entitled to three peremptory

challenges. Several defendants or several plaintiffs may be

considered as a single party for the purposes of making challenges,

or the court may allow additional peremptory challenges and permit

them to be exercised separately or jointly.

All challenges for cause or favor, whether to the array or panel

or to individual jurors, shall be determined by the court.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 953; Pub. L. 86-282, Sept. 16,

1959, 73 Stat. 565.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 424 (Mar. 3, 1911, ch.

231, Sec. 287, 36 Stat. 1166).

Provisions of section 424 of title 28, U.S.C., 1940 ed., relating

to the number of peremptory challenges in criminal cases were

deleted as superseded by Rule 24 of the Federal Rules of Criminal

Procedure.

The last sentence of the first paragraph was added to permit the

same flexibility in the matter of challenges in civil cases as is

permitted in criminal cases by said Rule 24.

Words "without aid of triers" at end of section 424 of title 28,

U.S.C., 1940 ed., were omitted as surplusage.

Changes were made in phraseology.

AMENDMENTS

1959 - Pub. L. 86-282 substituted "may" for "shall" after

"several plaintiffs", and ", or the court may allow" for ". If

there is more than one defendant the court may allow the

defendants".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1876 of this title.

-End-

-CITE-

28 USC Sec. 1871 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 121 - JURIES; TRIAL BY JURY

-HEAD-

Sec. 1871. Fees

-STATUTE-

(a) Grand and petit jurors in district courts appearing pursuant

to this chapter shall be paid the fees and allowances provided by

this section. The requisite fees and allowances shall be disbursed

on the certificate of the clerk of court in accordance with the

procedure established by the Director of the Administrative Office

of the United States Courts. Attendance fees for extended service

under subsection (b) of this section shall be certified by the

clerk only upon the order of a district judge.

(b)(1) A juror shall be paid an attendance fee of $40 per day for

actual attendance at the place of trial or hearing. A juror shall

also be paid the attendance fee for the time necessarily occupied

in going to and returning from such place at the beginning and end

of such service or at any time during such service.

(2) A petit juror required to attend more than thirty days in

hearing one case may be paid, in the discretion of the trial judge,

an additional fee, not exceeding $10 more than the attendance fee,

for each day in excess of thirty days on which he is required to

hear such case.

(3) A grand juror required to attend more than forty-five days of

actual service may be paid, in the discretion of the district judge

in charge of the particular grand jury, an additional fee, not

exceeding $10 more than the attendance fee, for each day in excess

of forty-five days of actual service.

(4) A grand or petit juror required to attend more than ten days

of actual service may be paid, in the discretion of the judge, the

appropriate fees at the end of the first ten days and at the end of

every ten days of service thereafter.

(5) Certification of additional attendance fees may be ordered by

the judge to be made effective commencing on the first day of

extended service, without reference to the date of such

certification.

(c)(1) A travel allowance not to exceed the maximum rate per mile

that the Director of the Administrative Office of the United States

Courts has prescribed pursuant to section 604(a)(7) of this title

for payment to supporting court personnel in travel status using

privately owned automobiles shall be paid to each juror, regardless

of the mode of transportation actually employed. The prescribed

rate shall be paid for the distance necessarily traveled to and

from a juror's residence by the shortest practical route in going

to and returning from the place of service. Actual mileage in full

at the prescribed rate is payable at the beginning and at the end

of a juror's term of service.

(2) The Director shall promulgate rules regulating interim travel

allowances to jurors. Distances traveled to and from court should

coincide with the shortest practical route.

(3) Toll charges for toll roads, bridges, tunnels, and ferries

shall be paid in full to the juror incurring such charges. In the

discretion of the court, reasonable parking fees may be paid to the

juror incurring such fees upon presentation of a valid parking

receipt. Parking fees shall not be included in any tabulation of

mileage cost allowances.

(4) Any juror who travels to district court pursuant to summons

in an area outside of the contiguous forty-eight States of the

United States shall be paid the travel expenses provided under this

section, or actual reasonable transportation expenses subject to

the discretion of the district judge or clerk of court as

circumstances indicate, exercising due regard for the mode of

transportation, the availability of alternative modes, and the

shortest practical route between residence and court.

(5) A grand juror who travels to district court pursuant to a

summons may be paid the travel expenses provided under this section

or, under guidelines established by the Judicial Conference, the

actual reasonable costs of travel by aircraft when travel by other

means is not feasible and when certified by the chief judge of the

district court in which the grand juror serves.

(d)(1) A subsistence allowance covering meals and lodging of

jurors shall be established from time to time by the Director of

the Administrative Office of the United States Courts pursuant to

section 604(a)(7) of this title, except that such allowance shall

not exceed the allowance for supporting court personnel in travel

status in the same geographical area. Claims for such allowance

shall not require itemization.

(2) A subsistence allowance shall be paid to a juror when an

overnight stay is required at the place of holding court, and for

the time necessarily spent in traveling to and from the place of

attendance if an overnight stay is required.

(3) A subsistence allowance for jurors serving in district courts

outside of the contiguous forty-eight States of the United States

shall be allowed at a rate not to exceed that per diem allowance

which is paid to supporting court personnel in travel status in

those areas where the Director of the Administrative Office of the

United States Courts has prescribed an increased per diem fee

pursuant to section 604(a)(7) of this title.

(e) During any period in which a jury is ordered to be kept

together and not to separate, the actual cost of subsistence shall

be paid upon the order of the court in lieu of the subsistence

allowances payable under subsection (d) of this section. Such

allowance for the jurors ordered to be kept separate or sequestered

shall include the cost of meals, lodging, and other expenditures

ordered in the discretion of the court for their convenience and

comfort.

(f) A juror who must necessarily use public transportation in

traveling to and from court, the full cost of which is not met by

the transportation expenses allowable under subsection (c) of this

section on account of the short distance traveled in miles, may be

paid, in the discretion of the court, the actual reasonable expense

of such public transportation, pursuant to the methods of payment

provided by this section. Jurors who are required to remain at the

court beyond the normal business closing hour for deliberation or

for any other reason may be transported to their homes, or to

temporary lodgings where such lodgings are ordered by the court, in

a manner directed by the clerk and paid from funds authorized under

this section.

(g) The Director of the Administrative Office of the United

States Courts shall promulgate such regulations as may be necessary

to carry out his authority under this section.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 953; May 24, 1949, ch. 139, Sec.

97, 63 Stat. 103; July 14, 1949, ch. 333, 63 Stat. 411; Pub. L.

85-299, Sept. 7, 1957, 71 Stat. 618; Pub. L. 89-165, Sept. 2, 1965,

79 Stat. 645; Pub. L. 90-274, Sec. 102(a), Mar. 27, 1968, 82 Stat.

62; Pub. L. 95-572, Sec. 5, Nov. 2, 1978, 92 Stat. 2454; Pub. L.

101-650, title III, Sec. 314(b), Dec. 1, 1990, 104 Stat. 5115; Pub.

L. 102-572, title IV, Sec. 402, Oct. 29, 1992, 106 Stat. 4511.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 28, U.S.C., 1940 ed., Secs. 600, 600a, 600b, 608,

and sections 11-1512 and 11-1513 of the D.C. Code, 1940 ed., (R.S.

Secs. 236, 323; Apr. 26, 1926, ch. 183, Secs. 1, 2, 44 Stat. 323;

May 17, 1932, ch. 190, 47 Stat. 158; Oct. 13, 1941, ch. 431, Sec.

2, 55 Stat. 736).

Section consolidates section 600 of title 28, U.S.C., 1940 ed.,

and sections 11-1512 and 11-1513 of the D.C. Code, 1940 ed., with

part of section 608 of title 28, U.S.C., 1940 ed. The remainder of

such section 608, relating to payment of witnesses' compensation,

is the basis of section 1825 of this title.

Words "place of service" were substituted for references to

attendance at court, in view of the earlier reference to service

before commissioners.

The Advisory Committee to the House Committee on Revision of the

Laws in revision of this title, recommends a careful study of the

compensation of witnesses and jurors. Furthermore, provision should

be made for the subsistence of jurors and witnesses serving at such

distance from their homes as precludes daily travel to and from the

court.

Changes were made in phraseology.

1949 ACT

This section incorporates in section 1871 of title 28, U.S.C.,

with changes in phraseology, the provisions of act of June 25, 1948

(ch. 652, 62 Stat. 1016), which became law subsequent to the

enactment of the revision.

AMENDMENTS

1992 - Subsec. (c)(5). Pub. L. 102-572 added par. (5).

1990 - Subsec. (b). Pub. L. 101-650 substituted "$40" for "$30"

in par. (1) and "$10" for "$5" in pars. (2) and (3).

1978 - Subsecs. (a) to (g). Pub. L. 95-572, in revising text,

substituted subsecs. (a) to (g) for prior five unnumbered

paragraphs, and among other changes, deleted reference to fees for

service before United States commissioners, now provided for in

chapter 43 (section 631 et seq.) of this title relating to United

States magistrates; increased to $30 from $20 allowance for actual

attendance; continued the discretionary additional fee for extended

service, increasing to forty-five from thirty days the basic

service requirement; generalized travel allowance provisions in

place of 10 cents per mile travel allowance from residence to place

of service when commencing and terminating service and any

necessary daily or interim travel, not to exceed a subsistence

allowance of $16 per day; and deleted provision for same fees for

service in districts courts for districts of Guam and Canal Zone as

provided for services in other Federal district courts as covered

in definition of "district court of the United States" in section

1869(f) of this title.

1968 - Pub. L. 90-274 increased from $10 to $20 the per diem

allowance for grand and petit jurors, increased from $14 to $25 the

fee for extra days in cases requiring attendance in excess of 30

days, increased from $10 to $16 the daily subsistence rate when

travel appears impracticable, increased from $10 to $20 per day the

limit after which payment of fees by the marshal must be on the

certificate of the trial judge, provided for the allowance of

amounts expended for tolls, for toll roads, for toll tunnels, and

for toll bridges, and directed that grand and petit jurors in the

district courts for the districts of Guam and the Canal Zone

receive the same fees and allowances provided for grand and petit

jurors in other district courts of the United States.

1965 - Pub. L. 89-165 increased from $7 to $10 the per diem

allowance for grand and petit jurors, increased from $10 to $14 the

fee for extra days in cases requiring attendance in excess of 30

days, prohibited payment for interim or daily travel at the

10-cent-per-mile rate in excess of the subsistence allowance which

would have been paid if he had remained at the place of holding

court overnight or during temporary recess, increased from $7 to

$10 the daily subsistence rate when travel daily appears

impracticable, and increased from $7 to $10 per day the limit after

which payment of fees by the marshal must be on the certificate of

the trial judge.

1957 - Pub. L. 85-299 increased from 7 to 10 cents per mile and

$5 to $7 per day the mileage and subsistence allowances of grand

and petit jurors.

1949 - Act July 14, 1949, increased the per diem fee paid jurors

from $5 to $7, provided for per diem fee payments not to exceed $10

for each day in excess of thirty days, increased the mileage

payment from 5 cents per mile to 7 cents, and provided for the

certification of the judge in cases where the jury fee is in excess

of $7 per diem.

Act May 24, 1949, increased jury fees and mileage and subsistence

allowances.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Jan. 1, 1993, see section

1101(a) of Pub. L. 102-572, set out as a note under section 905 of

Title 2, The Congress.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-572 applicable with respect to any grand

or petit juror serving on or after the sixtieth day following Nov.

2, 1978, see section 7(b) of Pub. L. 95-572, set out as an

Effective Date note under section 1363 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-274 effective 270 days after Mar. 27,

1968, except as to cases in which an indictment has been returned

or a petit jury empaneled prior to such effective date, see section

104 of Pub. L. 90-274, set out as a note under section 1861 of this

title.

REFRESHMENT OF JURORS

Pub. L. 101-162, title IV, Nov. 21, 1989, 103 Stat. 1012,

provided: "That for fiscal year 1990 and hereafter, funds

appropriated under this heading [Courts of Appeals, District Courts

and Other Judicial Services and fees of jurors and commissioners]

shall be available for refreshment of jurors."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 567, 1864, 1876 of this

title.

-End-

-CITE-

28 USC Sec. 1872 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 121 - JURIES; TRIAL BY JURY

-HEAD-

Sec. 1872. Issues of fact in Supreme Court

-STATUTE-

In all original actions at law in the Supreme Court against

citizens of the United States, issues of fact shall be tried by a

jury.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 953.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 343 (Mar. 3, 1911, ch.

231, Sec. 235, 36 Stat. 1156).

Changes were made in phraseology.

-End-

-CITE-

28 USC Sec. 1873 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 121 - JURIES; TRIAL BY JURY

-HEAD-

Sec. 1873. Admiralty and maritime cases

-STATUTE-

In any case of admiralty and maritime jurisdiction relating to

any matter of contract or tort arising upon or concerning any

vessel of twenty tons or upward, enrolled and licensed for the

coasting trade, and employed in the business of commerce and

navigation between places in different states upon the lakes and

navigable waters connecting said lakes, the trial of all issues of

fact shall be by jury if either party demands it.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 953.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 770 (R.S. Secs. 566,

648; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167).

Words "and Territories" following words "in different States"

were omitted as obsolete. The act of February 26, 1845, ch. 20, 5

Stat. 726, from which this language was derived was intended

primarily to cover the Great Lakes regions.

The first sentence of section 770 of title 28, U.S.C., 1940 ed.,

providing generally for the right of jury trials in district

courts, was omitted as covered by Rule 38 of the Federal Rules of

Civil Procedure.

Changes were made in phraseology.

-End-

-CITE-

28 USC Sec. 1874 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 121 - JURIES; TRIAL BY JURY

-HEAD-

Sec. 1874. Actions on bonds and specialties

-STATUTE-

In all actions to recover the forfeiture annexed to any articles

of agreement, covenant, bond, or other specialty, wherein the

forfeiture, breach, or nonperformance appears by default or

confession of the defendant, the court shall render judgment for

the plaintiff for such amount as is due. If the sum is uncertain,

it shall, upon request of either party, be assessed by a jury.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 953.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 785 (R.S. Sec. 961).

Word "actions" was substituted for "all suits brought," in view

of Rule 2 of the Federal Rules of Civil Procedure. For the same

reason, words "according to equity," after "to recover so much as

is due," were omitted.

Words "or upon demurrer," after "default or confession of the

defendant," were omitted in view of Federal Rules of Civil

Procedure, Rule 7(c), abolishing demurrers.

Changes were made in phraseology.

-End-

-CITE-

28 USC Sec. 1875 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 121 - JURIES; TRIAL BY JURY

-HEAD-

Sec. 1875. Protection of jurors' employment

-STATUTE-

(a) No employer shall discharge, threaten to discharge,

intimidate, or coerce any permanent employee by reason of such

employee's jury service, or the attendance or scheduled attendance

in connection with such service, in any court of the United States.

(b) Any employer who violates the provisions of this section -

(1) shall be liable for damages for any loss of wages or other

benefits suffered by an employee by reason of such violation;

(2) may be enjoined from further violations of this section and

ordered to provide other appropriate relief, including but not

limited to the reinstatement of any employee discharged by reason

of his jury service; and

(3) shall be subject to a civil penalty of not more than $1,000

for each violation as to each employee.

(c) Any individual who is reinstated to a position of employment

in accordance with the provisions of this section shall be

considered as having been on furlough or leave of absence during

his period of jury service, shall be reinstated to his position of

employment without loss of seniority, and shall be entitled to

participate in insurance or other benefits offered by the employer

pursuant to established rules and practices relating to employees

on furlough or leave of absence in effect with the employer at the

time such individual entered upon jury service.

(d)(1) An individual claiming that his employer has violated the

provisions of this section may make application to the district

court for the district in which such employer maintains a place of

business and the court shall, upon finding probable merit in such

claim, appoint counsel to represent such individual in any action

in the district court necessary to the resolution of such claim.

Such counsel shall be compensated and necessary expenses repaid to

the extent provided by section 3006A of title 18, United States

Code.

(2) In any action or proceeding under this section, the court may

award a prevailing employee who brings such action by retained

counsel a reasonable attorney's fee as part of the costs. The court

may tax a defendant employer, as costs payable to the court, the

attorney fees and expenses incurred on behalf of a prevailing

employee, where such costs were expended by the court pursuant to

paragraph (1) of this subsection. The court may award a prevailing

employer a reasonable attorney's fee as part of the costs only if

the court finds that the action is frivolous, vexatious, or brought

in bad faith.

-SOURCE-

(Added Pub. L. 95-572, Sec. 6(a)(1), Nov. 2, 1978, 92 Stat. 2456;

amended Pub. L. 97-463, Sec. 1, Jan. 12, 1983, 96 Stat. 2531.)

-MISC1-

AMENDMENTS

1983 - Subsec. (d)(1). Pub. L. 97-463, Sec. 1(1), substituted

designation "(d)(1)" for "(d)" before "An individual claiming".

Subsec. (d)(2). Pub. L. 97-463, Sec. 1(2), inserted provision

empowering the court to tax a defendant employer, as costs payable

to the court, the attorney fees and expenses incurred on behalf of

a prevailing employee, where such costs were expended by the court

pursuant to par. (1) of this subsection and, in existing

provisions, substituted "only if the court finds that the action is

frivolous" for "if the court determines that the action is

frivolous".

EFFECTIVE DATE

Section applicable with respect to any grand or petit juror

summoned for service or actually serving on or after Nov. 2, 1978,

see section 7(a) of Pub. L. 95-572, set out as a note under section

1363 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1363 of this title.

-End-

-CITE-

28 USC Sec. 1876 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 121 - JURIES; TRIAL BY JURY

-HEAD-

Sec. 1876. Trial by jury in the Court of International Trade

-STATUTE-

(a) In any civil action in the Court of International Trade which

is to be tried before a jury, the jury shall be selected in

accordance with the provisions of this chapter and under the

procedures set forth in the jury selection plan of the district

court for the judicial district in which the case is to be tried.

(b) Whenever the Court of International Trade conducts a jury

trial -

(1) the clerk of the district court for the judicial district

in which the Court of International Trade is sitting, or an

authorized deputy clerk, shall act as clerk of the Court of

International Trade for the purposes of selecting and summoning

the jury;

(2) the qualifications for jurors shall be the same as those

established by section 1865(b) of this title for jurors in the

district courts of the United States;

(3) each party shall be entitled to challenge jurors in

accordance with section 1870 of this title; and

(4) jurors shall be compensated in accordance with section 1871

of this title.

-SOURCE-

(Added Pub. L. 96-417, title III, Sec. 302(a), Oct. 10, 1980, 94

Stat. 1739.)

-MISC1-

EFFECTIVE DATE

Section applicable with respect to civil actions commenced on or

after Nov. 1, 1980, see section 701(b)(1)(C) of Pub. L. 96-417, set

out as an Effective Date of 1980 Amendment note under section 251

of this title.

-End-

-CITE-

28 USC Sec. 1877 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 121 - JURIES; TRIAL BY JURY

-HEAD-

Sec. 1877. Protection of jurors

-STATUTE-

(a) Subject to the provisions of this section and title 5 of the

United States Code, subchapter 1 of chapter 81, title 5, United

States Code, applies to a Federal grand or petit juror, except that

entitlement to disability compensation payments does not commence

until the day after the date of termination of service as a juror.

(b) In administering this section with respect to a juror covered

by this section -

(1) a juror is deemed to receive monthly pay at the minimum

rate for grade GS-2 of the General Schedule unless his actual pay

as a Government employee while serving on court leave is higher,

in which case monthly pay is determined in accordance with

section 8114 of title 5, United States Code, and

(2) performance of duty as a juror includes that time when a

juror is (A) in attendance at court pursuant to a summons, (B) in

deliberation, (C) sequestered by order of a judge, or (D) at a

site, by order of the court, for the taking of a view.

-SOURCE-

(Added Pub. L. 97-463, Sec. 3(1), Jan. 12, 1983, 96 Stat. 2531.)

-End-

-CITE-

28 USC Sec. 1878 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 121 - JURIES; TRIAL BY JURY

-HEAD-

Sec. 1878. Optional use of a one-step summoning and qualification

procedure

-STATUTE-

(a) At the option of each district court, jurors may be summoned

and qualified in a single procedure, if the court's jury selection

plan so authorizes, in lieu of the two separate procedures

otherwise provided for by this chapter. Courts shall ensure that a

one-step summoning and qualification procedure conducted under this

section does not violate the policies and objectives set forth in

sections 1861 and 1862 of this title.

(b) Jury selection conducted under this section shall be subject

to challenge under section 1867 of this title for substantial

failure to comply with the provisions of this title in selecting

the jury. However, no challenge under section 1867 of this title

shall lie solely on the basis that a jury was selected in

accordance with a one-step summoning and qualification procedure

authorized by this section.

-SOURCE-

(Added Pub. L. 100-702, title VIII, Sec. 805(a), Nov. 19, 1988, 102

Stat. 4658; amended Pub. L. 102-572, title IV, Sec. 403(a), Oct.

29, 1992, 106 Stat. 4512.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-572 substituted "Optional" for "Experimental"

in section catchline and amended text generally. Prior to

amendment, text read as follows:

"(a) The Judicial Conference of the United States is hereby

authorized to develop and conduct an experiment in which jurors

serving in a limited number of United States district courts shall

be qualified and summoned in a single procedure, in lieu of the two

separate procedures otherwise provided for by this chapter. The

Judicial Conference shall designate the district courts to

participate in this experiment, but in no event shall the number of

courts participating exceed ten. An experiment may be conducted

pursuant to this section for a period not to exceed 2 years. The

Judicial Conference shall ensure that an experiment conducted

pursuant to this section does not violate the policies and

objectives set forth in sections 1861 and 1862 of this title, and

shall terminate the experiment immediately if it determines that

these policies and objectives are being violated or whenever in its

judgment good cause for such termination exists.

"(b) Jury selection conducted pursuant to this section shall be

subject to challenge under section 1867 of this title for

substantial failure to comply with the provisions of this title in

selecting the jury. However, no challenge under section 1867 of

this title shall lie solely on the basis that a jury was selected

in accordance with an experiment conducted pursuant to this

section."

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Jan. 1, 1993, see section

1101(a) of Pub. L. 102-572, set out as a note under section 905 of

Title 2, The Congress.

SAVINGS PROVISION

Section 403(c) of Pub. L. 102-572 provided that: "For courts

participating in the experiment authorized under section 1878 of

title 28, United States Code (as in effect before the effective

date of this section [Jan. 1, 1993]), the amendment made by

subsection (a) of this section [amending this section] shall be

effective on and after January 1, 1992."

-End-