28 U.S.C. § 1876 — Trial by jury in the Court of International

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