28 U.S.C. § 1870 — Challenges

Page 476 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1870 printed in preprinted, type, or facsimile man- ner on the summons or the envelopes trans- mitting the summons. (June 25, 1948, ch. 646, 62 Stat. 953; Pub. L. 88–139, § 2, Oct. 16, 1963, 77 Stat. 248; Pub. L. 90–274, § 101, Mar. 27, 1968, 82 Stat. 61; Pub. L. 91–358, title I, § 172(b), July 29, 1970, 84 Stat. 590; Pub. L. 92–437, § 1, Sept. 29, 1972, 86 Stat. 740; Pub. L. 95–572, §§ 3(b), 4, Nov. 2, 1978, 92 Stat. 2453; Pub. L. 95–598, title II, § 243, Nov. 6, 1978, 92 Stat. 2671; Pub. L. 99–650, § 3, Nov. 14, 1986, 100 Stat. 3641; Pub. L. 100–702, title VIII, §§ 802(a), 804, Nov. 19, 1988, 102 Stat. 4657, 4658; Pub. L. 110–406, § 5(c), Oct. 13, 2008, 122 Stat. 4292.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 423 (Mar. 3, 1911, ch. 231, § 286, 36 Stat. 1166). Changes were made in phra- seology. Editorial Notes REFERENCES IN TEXT The Voting Rights Act of 1965, referred to in subsec. (c), is Pub. L. 89–110, Aug. 6, 1965, 79 Stat. 437, which was formerly classified generally to subchapters I–A (§ 1973 et seq.), I–B (§ 1973aa et seq.), and I–C (§ 1973bb et seq.) of chapter 20 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering in Title 52, Voting and Elections, and is now classified generally to chapters 103 (§ 10301 et seq.), 105 (§ 10501 et seq.), and 107 (§ 10701 et seq.) of Title 52. For complete classification of this Act to the Code, see Tables. AMENDMENTS 2008—Subsecs. (j) to (l). Pub. L. 110–406 inserted ‘‘and’’ at end of subsec. (j), redesignated subsec. (l) as (k), and struck out former subsec. (k) which defined ‘‘publicly draw’’. 1988—Subsec. (a). Pub. L. 100–702, § 802(a), amended subsec. (a) generally, substituting ‘‘, any authorized deputy clerk, and any other person authorized by the court to assist the clerk in the performance of func- tions under this chapter’’ for ‘‘or any authorized deputy clerk’’. Subsec. (f). Pub. L. 100–702, § 804, amended subsec. (f) generally. Prior to amendment, subsec. (f) read as fol- lows: ‘‘ ‘district court of the United States’, ‘district court’, and ‘court’ shall mean courts constituted under chapter 5 of title 28, United States Code, section 22 of the Organic Act of Guam, as amended (64 Stat. 389; 48 U.S.C. 1424), section 21 of the Revised Organic Act of the Virgin Islands (68 Stat. 506; 48 U.S.C. 1611), and sec- tion 1 of title 3, Canal Zone Code;;’’. 1986—Subsec. (f). Pub. L. 99–650 struck out ‘‘except that for purposes of sections 1861, 1862, 1866(c), 1866(d), and 1867 of this chapter such terms shall include the Superior Court of the District of Columbia’’ after ‘‘Canal Zone Code;’’. 1978—Subsec. (f). Pub. L. 95–598 directed the amend- ment of subsec. (f) by inserting ‘‘chapter 6 of title 28, United States Code,’’ after ‘‘chapter 5 of title 28, United States Code,’’, which amendment did not become effec- tive pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. Subsec. (h). Pub. L. 95–572, § 3(b), struck out ‘‘by par- don or amnesty’’ after ‘‘civil rights restored’’. Subsecs. (j) to (l). Pub. L. 95–572, § 4, added subsecs. (j) to (l). 1972—Subsec. (h). Pub. L. 92–437 added race and occu- pation to the particulars to be elicited on the juror qualification form, in provisions distinguishing be- tween information to be requested and information to be required, struck out ‘‘race and occupation of a po- tential juror’’, and in information to be contained in the form, struck out ‘‘race, color’’ and ‘‘occupation’’ from the particulars, and required additional material to be contained in the form that information con- cerning race is required solely to enforce non- discrimination in jury selection and that it has no bearing on an individual’s qualification for jury serv- ice. 1970—Subsec. (f). Pub. L. 91–358 substituted reference to the Superior Court of the District of Columbia for references to the District of Columbia Court of General Sessions and the Juvenile Court of the District of Co- lumbia. 1968—Pub. L. 90–274 substituted provisions defining ‘‘clerk’’, ‘‘clerk of the court’’, ‘‘chief judge’’, ‘‘voter registration lists’’, ‘‘list of actual voters’’, ‘‘division’’, ‘‘district court’’, ‘‘jury wheel’’, ‘‘juror qualification form’’, and ‘‘public officer’’ for provisions allowing the challenge of a petit juror who had been summoned and attended court as a petit juror at any session held within one year prior to the challenge. 1963—Pub. L. 88–139 substituted ‘‘session’’ for ‘‘term’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–650, § 4(a), Nov. 14, 1986, 100 Stat. 3641, pro- vided in part that: ‘‘The provisions of this Act [amend- ing this section] shall take effect 180 days after the date of enactment of this Act [Nov. 14, 1986]’’. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–572 applicable with respect to any grand or petit juror summoned for service or ac- tually serving on or after Nov. 2, 1978, see section 7(a) of Pub. L. 95–572, set out as an Effective Date note under section 1363 of this title. EFFECTIVE DATE OF 1972 AMENDMENT Pub. L. 92–437, § 2, Sept. 29, 1972, 86 Stat. 741, provided that: ‘‘This Act [amending this section] shall take ef- fect on the sixtieth day after the date of its enactment [Sept. 29, 1972].’’ EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–358 effective first day of seventh calendar month which begins after July 29, 1970, see section 199(a) of Pub. L. 91–358, set out as a note under section 1257 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–274 effective 270 days after Mar. 27, 1968, except as to cases in which an indictment has been returned or a petit jury empaneled prior to such effective date, see section 104 of Pub. L. 90–274, set out as a note under section 1861 of this title. TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE CANAL ZONE For termination of the United States District Court for the District of the Canal Zone at end of the ‘‘transi- tion period’’, being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Para- graph 5 of Article XI of the Panama Canal Treaty of 1977 and Pub. L. 96–70, title II, §§ 2101, 2202–2203, Sept. 27, 1979, 93 Stat. 493, 494, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse. § 1870. Challenges In civil cases, each party shall be entitled to three peremptory challenges. Several defendants or several plaintiffs may be considered as a sin- gle party for the purposes of making challenges, or the court may allow additional peremptory challenges and permit them to be exercised sep- arately or jointly. All challenges for cause or favor, whether to the array or panel or to individual jurors, shall be determined by the court. Page 477 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1871 (June 25, 1948, ch. 646, 62 Stat. 953; Pub. L. 86–282, Sept. 16, 1959, 73 Stat. 565.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 424 (Mar. 3, 1911, ch. 231, § 287, 36 Stat. 1166). Provisions of section 424 of title 28, U.S.C., 1940 ed., relating to the number of peremptory challenges in criminal cases were deleted as superseded by Rule 24 of the Federal Rules of Criminal Procedure. The last sentence of the first paragraph was added to permit the same flexibility in the matter of challenges in civil cases as is permitted in criminal cases by said Rule 24. Words ‘‘without aid of triers’’ at end of section 424 of title 28, U.S.C., 1940 ed., were omitted as surplusage. Changes were made in phraseology. Editorial Notes AMENDMENTS 1959—Pub. L. 86–282 substituted ‘‘may’’ for ‘‘shall’’ after ‘‘several plaintiffs’’, and ‘‘, or the court may allow’’ for ‘‘. If there is more than one defendant the court may allow the defendants’’. § 1871. Fees (a) Grand and petit jurors in district courts appearing pursuant to this chapter shall be paid the fees and allowances provided by this section. The requisite fees and allowances shall be dis- bursed on the certificate of the clerk of court in accordance with the procedure established by the Director of the Administrative Office of the United States Courts. Attendance fees for ex- tended service under subsection (b) of this sec- tion shall be certified by the clerk only upon the order of a district judge. (b)(1) A juror shall be paid an attendance fee of $50 per day for actual attendance at the place of trial or hearing. A juror shall also be paid the attendance fee for the time necessarily occupied in going to and returning from such place at the beginning and end of such service or at any time during such service. (2) A petit juror required to attend more than ten days in hearing one case may be paid, in the discretion of the trial judge, an additional fee, not exceeding $10 more than the attendance fee, for each day in excess of ten days on which he is required to hear such case. (3) A grand juror required to attend more than forty-five days of actual service may be paid, in the discretion of the district judge in charge of the particular grand jury, an additional fee, not exceeding $10 more than the attendance fee, for each day in excess of forty-five days of actual service. (4) A grand or petit juror required to attend more than ten days of actual service may be paid, in the discretion of the judge, the appro- priate fees at the end of the first ten days and at the end of every ten days of service there- after. (5) Certification of additional attendance fees may be ordered by the judge to be made effec- tive commencing on the first day of extended service, without reference to the date of such certification. (c)(1) A travel allowance not to exceed the maximum rate per mile that the Director of the Administrative Office of the United States Courts has prescribed pursuant to section 604(a)(7) of this title for payment to supporting court personnel in travel status using privately owned automobiles shall be paid to each juror, regardless of the mode of transportation actu- ally employed. The prescribed rate shall be paid for the distance necessarily traveled to and from a juror’s residence by the shortest practical route in going to and returning from the place of service. Actual mileage in full at the pre- scribed rate is payable at the beginning and at the end of a juror’s term of service. (2) The Director shall promulgate rules regu- lating interim travel allowances to jurors. Dis- tances traveled to and from court should coin- cide with the shortest practical route. (3) Toll charges for toll roads, bridges, tunnels, and ferries shall be paid in full to the juror in- curring such charges. In the discretion of the court, reasonable parking fees may be paid to the juror incurring such fees upon presentation of a valid parking receipt. Parking fees shall not be included in any tabulation of mileage cost al- lowances. (4) Any juror who travels to district court pur- suant to summons in an area outside of the con- tiguous forty-eight States of the United States shall be paid the travel expenses provided under this section, or actual reasonable transportation expenses subject to the discretion of the district judge or clerk of court as circumstances indi- cate, exercising due regard for the mode of transportation, the availability of alternative modes, and the shortest practical route between residence and court. (5) A grand juror who travels to district court pursuant to a summons may be paid the travel expenses provided under this section or, under guidelines established by the Judicial Con- ference, the actual reasonable costs of travel by aircraft when travel by other means is not fea- sible and when certified by the chief judge of the district court in which the grand juror serves. (d)(1) A subsistence allowance covering meals and lodging of jurors shall be established from time to time by the Director of the Administra- tive Office of the United States Courts pursuant to section 604(a)(7) of this title, except that such allowance shall not exceed the allowance for supporting court personnel in travel status in the same geographical area. Claims for such al- lowance shall not require itemization. (2) A subsistence allowance shall be paid to a juror when an overnight stay is required at the place of holding court, and for the time nec- essarily spent in traveling to and from the place of attendance if an overnight stay is required. (3) A subsistence allowance for jurors serving in district courts outside of the contiguous forty-eight States of the United States shall be allowed at a rate not to exceed that per diem al- lowance which is paid to supporting court per- sonnel in travel status in those areas where the Director of the Administrative Office of the United States Courts has prescribed an in- creased per diem fee pursuant to section 604(a)(7) of this title. (e) During any period in which a jury is or- dered to be kept together and not to separate, the actual cost of subsistence shall be paid upon the order of the court in lieu of the subsistence allowances payable under subsection (d) of this