§ 1867. — Challenging compliance with selection procedures.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1867]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 121--JURIES; TRIAL BY JURY
Sec. 1867. Challenging compliance with selection procedures
(a) In criminal cases, before the voir dire examination begins, or
within seven days after the defendant discovered or could have
discovered, by the exercise of diligence, the grounds therefor,
whichever is earlier, the defendant may move to dismiss the indictment
or stay the proceedings against him on the ground of substantial failure
to comply with the provisions of this title in selecting the grand or
petit jury.
(b) In criminal cases, before the voir dire examination begins, or
within seven days after the Attorney General of the United States
discovered or could have discovered, by the exercise of diligence, the
grounds therefor, whichever is earlier, the Attorney General may move to
dismiss the indictment or stay the proceedings on the ground of
substantial failure to comply with the provisions of this title in
selecting the grand or petit jury.
(c) In civil cases, before the voir dire examination begins, or
within seven days after the party discovered or could have discovered,
by the exercise of diligence, the grounds therefor, whichever is
earlier, any party may move to stay the proceedings on the ground of
substantial failure to comply with the provisions of this title in
selecting the petit jury.
(d) Upon motion filed under subsection (a), (b), or (c) of this
section, containing a sworn statement of facts which, if true, would
constitute a substantial failure to comply with the provisions of this
title, the moving party shall be entitled to present in support of such
motion the testimony of the jury commission or clerk, if available, any
relevant records and papers not public or otherwise available used by
the jury commissioner or clerk, and any other relevant evidence. If the
court determines that there has been a substantial failure to comply
with the provisions of this title in selecting the grand jury, the court
shall stay the proceedings pending the selection of a grand jury in
conformity with this title or dismiss the indictment, whichever is
appropriate. If the court determines that there has been a substantial
failure to comply with the provisions of this title in selecting the
petit jury, the court shall stay the proceedings pending the selection
of a petit jury in conformity with this title.
(e) The procedures prescribed by this section shall be the exclusive
means by which a person accused of a Federal crime, the Attorney General
of the United States or a party in a civil case may challenge any jury
on the ground that such jury was not selected in conformity with the
provisions of this title. Nothing in this section shall preclude any
person or the United States from pursuing any other remedy, civil or
criminal, which may be available for the vindication or enforcement of
any law prohibiting discrimination on account of race, color, religion,
sex, national origin or economic status in the selection of persons for
service on grand or petit juries.
(f) The contents of records or papers used by the jury commission or
clerk in connection with the jury selection process shall not be
disclosed, except pursuant to the district court plan or as may be
necessary in the preparation or presentation of a motion under
subsection (a), (b), or (c) of this section, until after the master jury
wheel has been emptied and refilled pursuant to section 1863(b)(4) of
this title and all persons selected to serve as jurors before the master
wheel was emptied have completed such service. The parties in a case
shall be allowed to inspect, reproduce, and copy such records or papers
at all reasonable times during the preparation and pendency of such a
motion. Any person who discloses the contents of any record or paper in
violation of this subsection may be fined not more than $1,000 or
imprisoned not more than one year, or both.
(June 25, 1948, ch. 646, 62 Stat. 953; Pub. L. 85-259, Sept. 2, 1957, 71
Stat. 583; Pub. L. 90-274, Sec. 101, Mar. 27, 1968, 82 Stat. 59.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 416 (Mar. 3, 1911, ch.
231, Sec. 279, 36 Stat. 1165; Jan. 31, 1929, ch. 126, 45 Stat. 1145).
Provisions for service by a disinterested person when marshal or his
deputy is disqualified is incorporated in section 1868 of this title.
Provision for payment and reimbursement of postage and registry fee
were omitted as covered by section 560 of this title.
Word ``summons'' was substituted for ``writ of venire facias'' in
harmony with the Federal Rules of Civil Procedure which abolished
unnecessary forms. See Rule 81(b) thereof, and Rule 12 of the Federal
Rules of Criminal Procedure.
Provision of section 416 of title 28, U.S.C., 1940 ed., that the
receipt of the person so addressed by registered mail should be regarded
as personal service, was omitted. Such omission is consistent with Rule
5(b) of the Federal Rules of Civil Procedure providing that service by
mail is complete upon mailing.
Provision for attachment to the return of the addressee's receipt
for the summons, was inserted to cover its disposition.
Provision that no mileage shall be allowed for service by mail was
omitted as unnecessary.
Changes were made in phraseology.
Amendments
1968--Pub. L. 90-274 substituted provisions by which a defendant may
assert noncompliance with the selection procedures of the jury for
provisions covering the issuance of summonses for jurors and service
thereof upon jurors.
1957--Pub. L. 85-259 inserted ``or certified'' in second and third
sentences.
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.
Section Referred to in Other Sections
This section is referred to in sections 1864, 1878 of this title.
