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 in which the case is to be tried. (b) Whenever the Court of International Trade conducts a jury trial— (1) the clerk of the district court for the ju- dicial district in which the Court of Inter- national Trade is sitting, or an authorized dep- uty clerk, shall act as clerk of the Court of International Trade for the purposes of select- ing and summoning the jury; (2) the qualifications for jurors shall be the same as those established by section 1865(b) of this title for jurors in the district courts of the United States; (3) each party shall be entitled to challenge jurors in accordance with section 1870 of this title; and (4) jurors shall be compensated in accord- ance with section 1871 of this title. (Added Pub. L. 96–417, title III, § 302(a), Oct. 10, 1980, 94 Stat. 1739.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to civil actions com- menced on or after Nov. 1, 1980, see section 701(b)(1)(C) of Pub. L. 96–417, set out as an Effective Date of 1980 Amendment note under section 251 of this title. § 1877. Protection of jurors (a) Subject to the provisions of this section and title 5 of the United States Code, subchapter 1 of chapter 81, title 5, United States Code, ap- plies to a Federal grand or petit juror, except that entitlement to disability compensation payments does not commence until the day after the date of termination of service as a juror. (b) In administering this section with respect to a juror covered by this section— (1) a juror is deemed to receive monthly pay at the minimum rate for grade GS–2 of the General Schedule unless his actual pay as a Government employee while serving on court leave is higher, in which case monthly pay is determined in accordance with section 8114 of title 5, United States Code, and (2) performance of duty as a juror includes that time when a juror is (A) in attendance at court pursuant to a summons, (B) in delibera- tion, (C) sequestered by order of a judge, or (D) at a site, by order of the court, for the taking of a view. (Added Pub. L. 97–463, § 3(1), Jan. 12, 1983, 96 Stat. 2531.) Editorial Notes REFERENCES IN TEXT The General Schedule, referred to in subsec. (b)(1), is set out under section 5332 of Title 5, Government Orga- nization and Employees. § 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 pro- cedure, if the court’s jury selection plan so au- thorizes, 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 objec- tives set forth in sections 1861 and 1862 of this title. (b) Jury selection conducted under this sec- tion shall be subject to challenge under section 1867 of this title for substantial failure to com- ply 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 au- thorized by this section. (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 AMENDMENTS 1992—Pub. L. 102–572 substituted ‘‘Optional’’ for ‘‘Ex- perimental’’ in section catchline and amended text gen- erally. Prior to amendment, text read as follows: ‘‘(a) The Judicial Conference of the United States is hereby authorized to develop and conduct an experi- ment 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 sep- arate procedures otherwise provided for by this chap- ter. The Judicial Conference shall designate the dis- trict courts to participate in this experiment, but in no event shall the number of courts participating exceed Page 481 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1912 1 So in original. Two sections 1932 have been enacted. 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 sec- tion 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 accord- ance 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 ex- periment 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 sec- tion] shall be effective on and after January 1, 1992.’’ CHAPTER 123—FEES AND COSTS Sec. 1911. Supreme Court. 1912. Damages and costs on affirmance. 1913. Courts of appeals. 1914. District court; filing and miscellaneous fees; rules of court. 1915. Proceedings in forma pauperis. 1915A. Screening. 1916. Seamen’s suits. 1917. District courts; fee on filing notice of or peti- tion for appeal. 1918. District courts; fines, forfeitures and criminal proceedings. 1919. Dismissal for lack of jurisdiction. 1920. Taxation of costs. 1921. United States marshal’s fees. 1922. Witness fees before United States magistrate judges. 1923. Docket fees and costs of briefs. 1924. Verification of bill of costs. 1925. Admiralty and maritime cases. 1926. Court of Federal Claims. 1927. Counsel’s liability for excessive costs. 1928. Patent infringement action; disclaimer not filed. 1929. Extraordinary expenses not expressly author- ized. 1930. Bankruptcy fees. 1931. Disposition of filing fees. 1932.1 Judicial Panel on Multidistrict Litigation. 1932.1 Revocation of earned release credit. 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; re- numbered 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 ‘‘Dis- missal’’ 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 amend- ment 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 prob- able 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 Cus- toms 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 commis- sioners’’ pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of this title. § 1911. Supreme Court The Supreme Court may fix the fees to be charged by its clerk. The fees of the clerk, cost of serving process, and other necessary disbursements incidental to any case before the court, may be taxed against the litigants as the court directs. (June 25, 1948, ch. 646, 62 Stat. 954.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 330 (Mar. 3, 1911, ch. 231, § 223, 36 Stat. 1153). The second paragraph was inserted to give statutory sanction to existing practice. Changes were made in phraseology. § 1912. Damages and costs on affirmance Where a judgment is affirmed by the Supreme Court or a court of appeals, the court in its dis- cretion may adjudge to the prevailing party just damages for his delay, and single or double costs. (June 25, 1948, ch. 646, 62 Stat. 954.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 878, and section 1141(c)(4) of title 26 U.S.C., 1940 ed., Internal Revenue Code (R.S. § 1010; Mar. 3, 1911, ch. 231, §§ 117, 289, 36 Stat. 1131, 1167; Feb. 10, 1939, ch. 2, § 1141(c)(4), 53 Stat. 165). Section consolidates section 878 of title 28 with sec- tion 1141(c)(4) of title 26, both U.S.C., 1940 ed., with changes in phraseology necessary to effect consolida- tion. Words ‘‘prevailing party’’ were substituted for ‘‘the respondents in error,’’ contained in said section 878 of title 28, since writs of error have been abolished.