-CITE-
    28 USC CHAPTER 121 - JURIES; TRIAL BY JURY                  01/03/2007

-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.

-End-

-CITE-
    28 USC Sec. 1861                                            01/03/2007

-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'."

-End-

-CITE-
    28 USC Sec. 1862                                            01/03/2007

-EXPCITE-
    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.

-End-

-CITE-
    28 USC Sec. 1863                                            01/03/2007

-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
    successively renumbered and redesignated as section 1204(8) of the
    Act which is classified to section 3796b(8) 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."

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    28 USC Sec. 1864                                            01/03/2007

-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.

-End-

-CITE-
    28 USC Sec. 1865                                            01/03/2007

-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.

-End-

-CITE-
    28 USC Sec. 1866                                            01/03/2007

-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.

-End-

-CITE-
    28 USC Sec. 1867                                            01/03/2007

-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.

-End-

-CITE-
    28 USC Sec. 1868                                            01/03/2007

-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.

-End-

-CITE-
    28 USC Sec. 1869                                            01/03/2007

-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                                            01/03/2007

-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".

-End-

-CITE-
    28 USC Sec. 1871                                            01/03/2007

-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."

-End-

-CITE-
    28 USC Sec. 1872                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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.

-End-

-CITE-
    28 USC Sec. 1876                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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-