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28 U.S.C. § 1878 — Optional use of a one-step summoning and qualification procedure

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1867&num=0&edition=prelim) for substantial failure to comply with the provisions of this title in selecting the jury. However, no challenge under [section 1867 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1867&num=0&edition=prelim) 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.

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Source location: Title 28, Chapter 121, § 1878; chapter-121-juries-trial-by-jury.md

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1867 — Challenging compliance with selection procedures

**(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 comp

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 905 — Exempt programs and activities

**(a) Social security benefits and tier I railroad retirement benefits** Benefits payable under the old-age, survivors, and disability insurance program established under title II of the Social Security Act ([42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.), and benefits payable under sections 231b and 231c 11 See References in Text note below. of title 45, shall be exempt from reduction under any order issued under this subchapter. **(b) Veterans programs** The following programs shall be exempt from reduction under any order issued under this subchapter: All programs administered by the Department of Veterans Affairs. Special benefits for certain World War II veterans (28–0401–0–1–701). **(c) Net interest** No reduction of payments for net interest (all of major functional category 900) shall be made under any order issued under this subchapter. **(d) Refundable income tax credits and certain elective payments** (1) **Refundable income tax credits** — Payments to individuals made pursuant to provisions of title 26 establishing refundable tax credits shall be exempt from reduction under any order issued under this subchapter. (2) **Certain elective payments** — Payments made to taxpayers pursuant to elections under subsection (d) of [section 48D of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section48D&num=0&edition=prelim), or amounts treated as payments which are made by taxpayers under paragraph (1) of such subsection, shall be exempt from reduction under any order issued under this subchapter. **(e) Non-defense unobligated balances** Unobligated balances of budget authority carried over from prior fiscal years, except balances in the defense categor

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1878 — Optional use of a one-step summoning and

Page 480 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1876 costs only if the court finds that the action is frivolous, vexatious, or brought in bad faith. (Added Pub. L. 95–572, § 6(a)(1), Nov. 2, 1978, 92 Stat. 2456; amended Pub. L. 97–463, § 1, Jan. 12, 1983, 96 Stat. 2531; Pub. L. 110–406, § 19, Oct. 13, 2008, 122 Stat. 4295.) Editorial Notes AMENDMENTS 2008—Subsec. (b)(3). Pub. L. 110–406 substituted ‘‘$5,000 for each violation as to each employee, and may be or- dered to perform community service.’’ for ‘‘$1,000 for each violation as to each employee.’’ 1983—Subsec. (d)(1). Pub. L. 97–463, § 1(1), substituted designation ‘‘(d)(1)’’ for ‘‘(d)’’ before ‘‘An individual claiming’’. Subsec. (d)(2). Pub. L. 97–463, § 1(2), inserted provision empowering the court to tax a defendant employer, as costs payable to the court, the attorney fees and ex- penses 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’’. Statutory Notes and Related Subsidiaries 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. § 1876. Trial by jury in the Court of International Trade (a) In any civil action in the Court of Inter- national 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 proce- dures set forth in the jury selection plan of the district court for the judicial district i

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