Notes on 28 U.S.C. § 1878 : US Code - Notes

Search Notes on 28 U.S.C. § 1878 : US Code - Notes

(Added Pub. L. 100-702, title VIII, Sec. 805(a), Nov. 19, 1988, 102
Stat. 4658; amended Pub. L. 102-572, title IV, Sec. 403(a), Oct.
29, 1992, 106 Stat. 4512.)
AMENDMENTS
1992 - Pub. L. 102-572 substituted "Optional" for "Experimental"
in section catchline and amended text generally. Prior to
amendment, text read as follows:
"(a) The Judicial Conference of the United States is hereby
authorized to develop and conduct an experiment 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
separate procedures otherwise provided for by this chapter. The
Judicial Conference shall designate the district courts to
participate in this experiment, but in no event shall the number of
courts participating exceed 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 section 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 accordance with an experiment conducted pursuant to this
section."
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
Section 403(c) of Pub. L. 102-572 provided that: "For courts
participating in the experiment 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 section] shall be
effective on and after January 1, 1992."
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Optional use of a one-step summoning and qualification procedure

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