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

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1988

   Judicial Improvements and Access to Justice Act

   Pub. L. 100–702 title VIII § 805(a) · 102 Stat. 4642

   Enacted · 28 U.S.C. § 1878

   Added Pub. L. 100–702, title VIII, § 805(a), Nov. 19, 1988, 102 Stat. 4658

   Source evidence

   Code source credit
   Added Pub. L. 100–702, title VIII, § 805(a), Nov. 19, 1988, 102 Stat. 4658

   Enacted provision · exact public law section
   (a) Section 1878.— Chapter 121 is amended by adding at the end thereof the following: “§ 1878. Experimental use of a one-step summoning and qualification procedure “(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.”.

2. 1992

   Federal Courts Administration Act of 1992

   Pub. L. 102–572 title IV § 403(a) · 106 Stat. 4506

   1. Substituted · 28 U.S.C. § 1878

      Pub. L. 102–572 substituted “Optional” for “Experimental” in section catchline

   2. Amended · 28 U.S.C. § 1878

      Pub. L. 102–572 amended text generally. Prior to amendment, text read as follows:

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (a) Authority To Use One-Step Procedure.— Section 1878 of title 28, United States Code, is amended to read as follows: “§ 1878. Optional use of a one-step summoning and qualification procedure “(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 he solely on the basis that a jury was selected in accordance with a one-step summoning and qualification procedure authorized by this section.”.

   Effective date note
   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.

3 of 3 references resolved to an enrolled provision