Notes on 28 U.S.C. § 1865 : US Code - Notes

Search Notes on 28 U.S.C. § 1865 : US Code - Notes

(June 25, 1948, ch. 646, 62 Stat. 952; Pub. L. 90-274, Sec. 101,
Mar. 27, 1968, 82 Stat. 58; Pub. L. 92-269, Sec. 1, Apr. 6, 1972,
86 Stat. 117; Pub. L. 95-572, Sec. 3(a), Nov. 2, 1978, 92 Stat.
2453; Pub. L. 100-702, title VIII, Sec. 803(b), Nov. 19, 1988, 102
Stat. 4658; Pub. L. 106-518, title III, Sec. 305, Nov. 13, 2000,
114 Stat. 2418.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., Secs. 181, 413 (Mar. 3,
1911, ch. 231, Secs. 100, 277, 36 Stat. 1121, 1164).
Section consolidates a part of section 181 with section 413 of
title 28, U.S.C., 1940 ed. Other provisions of said section 181 are
incorporated in section 115 of this title.
Word "jurors" was changed to "grand and petit jurors" upon
authority of Agnew v. United States, 1897, 17 S.Ct. 235, 165 U.S.
36, 41 L.Ed. 624, construing such term to include both types of
jurors.
The last sentence of subsection (a) was added to conform with
existing practice in many districts. Subsection (b) extends to all
districts a provision of section 181 of title 28, U.S.C., 1940 ed.,
which was designed for the convenience of the districts in Ohio and
permitted jurors drawn for service at Cleveland, Toledo, and
Columbus to serve at Youngstown, Lima, and Steubenville,
respectively.
Changes were made in phraseology.
AMENDMENTS
2000 - Subsec. (a). Pub. L. 106-518, Sec. 305(1), inserted "or
the clerk under supervision of the court if the court's jury
selection plan so authorizes," after "jury commission,".
Subsec. (b). Pub. L. 106-518, Sec. 305(2), inserted "or the clerk
if the court's jury selection plan so provides," after "may
provide," in introductory provisions.
1988 - Subsec. (a). Pub. L. 100-702 substituted "in any
alphabetical" for "the alphabetical".
1978 - Subsec. (b)(5). Pub. L. 95-572 struck out "by pardon or
amnesty" after "civil rights have not been restored".
1972 - Subsec. (b)(1). Pub. L. 92-269 substituted "eighteen years
old" for "twenty-one years old".
1968 - Subsec. (a). Pub. L. 90-274 substituted provisions for the
excusing of persons from jury service by the chief judge of the
district court or by other district court judge for provisions
requiring the selection of jurors so as to be most favorable to an
impartial trial and so as to minimize the expense and burden of
jury service.
Subsec. (b). Pub. L. 90-274 substituted provisions setting out
the conditions of ineligibility for jury service for provisions
authorizing the service of jurors in a place within the district
other than the place for which the jurors were summoned.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-572 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 an
Effective Date note under section 1363 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.