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Title 28 — Judiciary and Judicial Procedure

Part VI · Chapter 161 — United States as Party Generally

§ 2402. Jury trial in actions against United States

Statutory text

Subject to chapter 179 of this title, any action against the United States under section 1346 shall be tried by the court without a jury, except that any action against the United States under section 1346(a)(1) shall, at the request of either party to such action, be tried by the court with a jury.

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. Title 28, United States Code, section —

    Pub. L. 80–646 · 62 Stat. 869

    Enacted · 28 U.S.C. § 2402

    June 25, 1948, ch. 646, 62 Stat. 971

    Source evidence

    Code source credit
    June 25, 1948, ch. 646, 62 Stat. 971

  2. Presidential and Executive Office Accountability Act

    Pub. L. 104–331 § 3(b)(3) · 110 Stat. 4053

    Substituted · 28 U.S.C. § 2402

    Pub. L. 104–331 substituted “Subject to chapter 179 of this title, any action” for “Any action”

    Source evidence

    Code amendment note
    Pub. L. 104–331 substituted “Subject to chapter 179 of this title, any action” for “Any action”.

    Enacted provision · exact public law section
    (3) Jury trials.— Section 2402 of title 28, United States Code (relating to jury trials), is amended by striking “Any action” and inserting “Subject to chapter 179 of this title, any action”.

    Effective date note
    Amendment by Pub. L. 104–331 effective Oct. 1, 1997, see section 3(d) of Pub. L. 104–331, set out as an Effective Date note under section 1296 of this title.

1 of 2 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§ 41(20), 931(a) (Mar. 3, 1911, ch. 231, § 24, par. 20, 36 Stat. 1093; Nov. 23, 1921, ch. 136, § 1310(c), 42 Stat. 311; , 4:01 p.m., ch. 234, § 1025(c), 43 Stat. 348; Feb. 24, 1925, ch. 309, 43 Stat. 972; Feb. 26, 1926, ch. 27, §§ 1122(c), 1200, 44 Stat. 121, 125; Aug. 2, 1946, ch. 753, § 410(a), 60 Stat. 843).

Section consolidates non-jury provisions of sections 41(20) and 931(a) of title 28, U.S.C., 1940 ed. For other provisions of said section 931(a) relating to tort claims, see Distribution Table.

Word “actions” was substituted for “suits”, in view of Rule 2 of the Federal Rules of Civil Procedure.

Provisions of title 28, U.S.C., 1940 ed., § 41(20) relating to jurisdiction of district courts and time for bringing actions against the United States are the basis of sections 1346 and 2401 of this title.

Editorial Notes

Amendments1954–1996 · 2 rounds

1996

Pub. L. 104–331 substituted “Subject to chapter 179 of this title, any action” for “Any action”.

1954

Act , permitted a jury trial at the request of either party in actions under section 1346(a)(1) of this title.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–331 effective , see section 3(d) of Pub. L. 104–331, set out as an Effective Date note under section 1296 of this title.

Credits

1948–1996 · 3 acts
  1. 1948June 25, 1948, ch. 646, 62 Stat. 971
  2. 1954July 30, 1954, ch. 648, § 2(a), 68 Stat. 589
  3. 1996Pub. L. 104–331, § 3(b)(3), , 110 Stat. 4069.
Show as published

(June 25, 1948, ch. 646, 62 Stat. 971; July 30, 1954, ch. 648, § 2(a), 68 Stat. 589; Pub. L. 104–331, § 3(b)(3), , 110 Stat. 4069.)

Parsed from the official OLRC USLM XML in data/usc_all/usc28.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t28/s2402