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2026-07-06 10:51:44 -04:00

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LegalText 28 U.S.C. § 1878 Optional use of a one-step summoning and qualification procedure us united_states_code code_section 28 JUDICIARY AND JUDICIAL PROCEDURE 121 JURIES; TRIAL BY JURY 1878 28 U.S.C. § 1878 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc28@119-100.zip /us/usc/t28/s1878 data/legal/raw/us/code/title-28/usc28.xml d9a375fb9eaec1d3fb3cd1c452f8ed417bfe78ca3e8df2ebe3e54b55d7caa8f8 3390f867a2c02f5d0c496269da780795fe19663a090a3040c64a9ee0a541cdcf 1505c8daa7f3d1b53407a3a8155c0d0126f17b2db385a38bef19f3231126a8c6 2026-07-04 official
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28 U.S.C. § 1878 - Optional use of a one-step summoning and qualification procedure

Text

(a) At the option of each district court, jurors may be summoned and qualified in a single procedure, if the courts 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.

(Added Pub. L. 100702, title VIII, § 805(a), Nov. 19, 1988, 102 Stat. 4658; amended Pub. L. 102572, title IV, § 403(a), Oct. 29, 1992, 106 Stat. 4512.)

Notes

Editorial Notes

Amendments1992—Pub. L. 102572 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 AmendmentAmendment by Pub. L. 102572 effective Jan. 1, 1993, see section 1101(a) of Pub. L. 102572, set out as a note under section 905 of Title 2, The Congress.

Savings ProvisionPub. L. 102572, 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.”