FEDERAL · 28 U.S.C. · Chapter 121
Optional use of a one-step summoning and qualification procedure
28 U.S.C. § 1878
Title28 — Judiciary and Judicial Procedure
Chapter121 — JURIES; TRIAL BY JURY
This text of 28 U.S.C. § 1878 (Optional use of a one-step summoning and qualification procedure) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
28 U.S.C. § 1878.
Text
(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
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Related
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Source Credit
History
(Added Pub. L. 100–702, title VIII, §805(a), Nov. 19, 1988, 102 Stat. 4658; amended Pub. L. 102–572, title IV, §403(a), Oct. 29, 1992, 106 Stat. 4512.)
Editorial Notes
Editorial Notes
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."
Statutory Notes and Related Subsidiaries
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
Pub. L. 102–572, title IV, §403(c), Oct. 29, 1972, 106 Stat. 4512, 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."
Editorial Notes
Amendments
1996—Pub. L. 104–317, title IV, §403(a)(2), Oct. 19, 1996, 110 Stat. 3854, added item 1932 "Judicial Panel on Multidistrict Litigation".
Pub. L. 104–134, title I, §101[(a)] [title VIII, §§805(b), 809(b)], Apr. 26, 1996, 110 Stat. 1321, 1321–75, 1321–76; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327, added item 1915A and item 1932 "Revocation of earned release credit".
1992—Pub. L. 102–572, title IX, §§902(b)(2), 908(b)(2), Oct. 29, 1992, 106 Stat. 4516, 4519, substituted "Dismissal" for "District courts; dismissal" in item 1919 and "Court of Federal Claims" for "Claims Court" as item 1926.
1988—Pub. L. 100–702, title X, §1020(a)(8), Nov. 19, 1988, 102 Stat. 4672, substituted "court" for "courts" after "District" in item 1914.
1986—Pub. L. 99–500, §101(b) [title IV, §407(d)], Oct. 18, 1986, 100 Stat. 1783–39, 1783–64, and Pub. L. 99–591, §101(b) [title IV, §407(d)], Oct. 30, 1986, 100 Stat. 3341–39, 3341–64, added item 1931.
1984—Pub. L. 98–353, title I, §111(c), July 10, 1984, 98 Stat. 343, substituted "fees" for "courts" in item 1930. Notwithstanding directory language that the amendment be made to the table of sections for chapter 125 of this title, the amendment was executed to the table of sections for chapter 123 of this title to reflect the probable intent of Congress.
1982—Pub. L. 97–164, title I, §139(p)(2), Apr. 2, 1982, 96 Stat. 44, substituted "Claims Court" for "Court of Customs and Patent Appeals" in item 1926.
1978—Pub. L. 95–598, title II, §246(b), Nov. 6, 1978, 92 Stat. 2672, added item 1930.
Statutory Notes and Related Subsidiaries
Change of Name
"United States magistrate judges" substituted for "United States magistrates" in item 1922 pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title. Previously, "United States magistrates" substituted for "United States commissioners" pursuant to Pub. L. 90–578. See chapter 43 (§631 et seq.) of this title.
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."
Statutory Notes and Related Subsidiaries
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
Pub. L. 102–572, title IV, §403(c), Oct. 29, 1972, 106 Stat. 4512, 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."
Editorial Notes
Amendments
1996—Pub. L. 104–317, title IV, §403(a)(2), Oct. 19, 1996, 110 Stat. 3854, added item 1932 "Judicial Panel on Multidistrict Litigation".
Pub. L. 104–134, title I, §101[(a)] [title VIII, §§805(b), 809(b)], Apr. 26, 1996, 110 Stat. 1321, 1321–75, 1321–76; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327, added item 1915A and item 1932 "Revocation of earned release credit".
1992—Pub. L. 102–572, title IX, §§902(b)(2), 908(b)(2), Oct. 29, 1992, 106 Stat. 4516, 4519, substituted "Dismissal" for "District courts; dismissal" in item 1919 and "Court of Federal Claims" for "Claims Court" as item 1926.
1988—Pub. L. 100–702, title X, §1020(a)(8), Nov. 19, 1988, 102 Stat. 4672, substituted "court" for "courts" after "District" in item 1914.
1986—Pub. L. 99–500, §101(b) [title IV, §407(d)], Oct. 18, 1986, 100 Stat. 1783–39, 1783–64, and Pub. L. 99–591, §101(b) [title IV, §407(d)], Oct. 30, 1986, 100 Stat. 3341–39, 3341–64, added item 1931.
1984—Pub. L. 98–353, title I, §111(c), July 10, 1984, 98 Stat. 343, substituted "fees" for "courts" in item 1930. Notwithstanding directory language that the amendment be made to the table of sections for chapter 125 of this title, the amendment was executed to the table of sections for chapter 123 of this title to reflect the probable intent of Congress.
1982—Pub. L. 97–164, title I, §139(p)(2), Apr. 2, 1982, 96 Stat. 44, substituted "Claims Court" for "Court of Customs and Patent Appeals" in item 1926.
1978—Pub. L. 95–598, title II, §246(b), Nov. 6, 1978, 92 Stat. 2672, added item 1930.
Statutory Notes and Related Subsidiaries
Change of Name
"United States magistrate judges" substituted for "United States magistrates" in item 1922 pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of this title. Previously, "United States magistrates" substituted for "United States commissioners" pursuant to Pub. L. 90–578. See chapter 43 (§631 et seq.) of this title.
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Bluebook (online)
28 U.S.C. § 1878, Counsel Stack Legal Research, https://law.counselstack.com/usc/28/1878.