Notes on 28 U.S.C. § 1866 : US Code - Notes

Search Notes on 28 U.S.C. § 1866 : US Code - Notes

(June 25, 1948, ch. 646, 62 Stat. 952; May 24, 1949, ch. 179, Sec.
96, 63 Stat. 103; Pub. L. 90-274, Sec. 101, Mar. 27, 1968, 82 Stat.
58; Pub. L. 91-543, Dec. 11, 1970, 84 Stat. 1408; Pub. L. 95-572,
Sec. 2(b), Nov. 2, 1978, 92 Stat. 2453; Pub. L. 97-463, Sec. 2,
Jan. 12, 1983, 96 Stat. 2531; Pub. L. 100-702, title VIII, Sec.
801, Nov. 19, 1988, 102 Stat. 4657.)
HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 28, U.S.C., 1940 ed., Secs. 417, 418 (Mar. 3,
1911, ch. 231, Secs. 280, 281, 36 Stat. 1165).
Section consolidates parts of sections 417, 418 of title 28,
U.S.C., 1940 ed., with necessary changes in phraseology.
The requirement of section 418 of title 28, U.S.C., 1940 ed., for
the summoning of a special jury in accordance with the law of the
state was omitted as unnecessary and incongruous in view of other
sections of this chapter making adequate provision for summoning
jurors.
1949 ACT
This section amends section 1866 of title 28, U.S.C., by
restoring provision of original law that special juries be
impaneled in accordance with laws of the respective States.
AMENDMENTS
1988 - Subsec. (c)(1). Pub. L. 100-702 amended cl. (1) generally.
Prior to amendment, cl. (1) read as follows: "excused by the court,
upon a showing of undue hardship or extreme inconvenience, for such
period as the court deems necessary, at the conclusion of which
such person shall be summoned again for jury service under
subsections (b) and (c) of this section, or".
1983 - Subsec. (b). Pub. L. 97-463, Sec. 2, inserted provision in
second par. authorizing service by first-class mail of persons
drawn for jury service, substituted in fourth par. "If such service
is made by mail, the summons may be served by the marshal or by the
clerk, the jury commission or their duly designated deputies, who
shall make affidavit of service and shall attach thereto any
receipt from the addressee for a registered or certified summons"
for "If such service is made by registered or certified mail, the
summons may be served by the clerk or jury commission or their duly
designated deputies who shall make affidavit of service and shall
file with such affidavit the addressee's receipt for the registered
or certified summons" and struck out provision requiring the
marshal, if service was made by the marshal, to attach to his
return the addressee's receipt for the registered or certified
mail.
1978 - Subsec. (c). Pub. L. 95-572 struck out introductory text
reference to par. (7) of section 1863(b) of this title.
1970 - Subsec. (b). Pub. L. 91-543 inserted provisions
authorizing duly designated deputies of the clerk or the jury
commission to issue summonses, and deliver them to the marshal for
service when personal service is to be made, and provisions
authorizing, if service is made by registered or certified mail,
the clerk or the jury commission or their duly designated deputies
to make service of the summons.
1968 - Subsec. (a). Pub. L. 90-274 substituted provisions
authorizing the commission or clerk to maintain a jury wheel of
qualified jurors and to draw particular panels therefrom for
provisions authorizing the marshal to summon talesmen from the
bystanders when there is an insufficient number of petit jurors.
Subsec. (b). Pub. L. 90-274 substituted provisions directing the
clerk or jury commission to deliver summonses to the marshal for
service when the court orders a grand or petit jury to be drawn and
setting out the details of service for provisions requiring that,
when a special jury was ordered by a district court, it had to be
returned by the marshal in the same manner and form as was required
in such case by the law of the State in which the district court
sat.
Subsecs. (c) to (g). Pub. L. 90-274 added subsecs. (c) to (g).
1949 - Act May 24, 1949, divided section into subsections and
restored provisions that special juries be impaneled in accordance
with State law.
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.