§ 1871. — Fees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1871]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 121--JURIES; TRIAL BY JURY
Sec. 1871. Fees
(a) Grand and petit jurors in district courts appearing pursuant to
this chapter shall be paid the fees and allowances provided by this
section. The requisite fees and allowances shall be disbursed on the
certificate of the clerk of court in accordance with the procedure
established by the Director of the Administrative Office of the United
States Courts. Attendance fees for extended service under subsection (b)
of this section shall be certified by the clerk only upon the order of a
district judge.
(b)(1) A juror shall be paid an attendance fee of $40 per day for
actual attendance at the place of trial or hearing. A juror shall also
be paid the attendance fee for the time necessarily occupied in going to
and returning from such place at the beginning and end of such service
or at any time during such service.
(2) A petit juror required to attend more than thirty days in
hearing one case may be paid, in the discretion of the trial judge, an
additional fee, not exceeding $10 more than the attendance fee, for each
day in excess of thirty days on which he is required to hear such case.
(3) A grand juror required to attend more than forty-five days of
actual service may be paid, in the discretion of the district judge in
charge of the particular grand jury, an additional fee, not exceeding
$10 more than the attendance fee, for each day in excess of forty-five
days of actual service.
(4) A grand or petit juror required to attend more than ten days of
actual service may be paid, in the discretion of the judge, the
appropriate fees at the end of the first ten days and at the end of
every ten days of service thereafter.
(5) Certification of additional attendance fees may be ordered by
the judge to be made effective commencing on the first day of extended
service, without reference to the date of such certification.
(c)(1) A travel allowance not to exceed the maximum rate per mile
that the Director of the Administrative Office of the United States
Courts has prescribed pursuant to section 604(a)(7) of this title for
payment to supporting court personnel in travel status using privately
owned automobiles shall be paid to each juror, regardless of the mode of
transportation actually employed. The prescribed rate shall be paid for
the distance necessarily traveled to and from a juror's residence by the
shortest practical route in going to and returning from the place of
service. Actual mileage in full at the prescribed rate is payable at the
beginning and at the end of a juror's term of service.
(2) The Director shall promulgate rules regulating interim travel
allowances to jurors. Distances traveled to and from court should
coincide with the shortest practical route.
(3) Toll charges for toll roads, bridges, tunnels, and ferries shall
be paid in full to the juror incurring such charges. In the discretion
of the court, reasonable parking fees may be paid to the juror incurring
such fees upon presentation of a valid parking receipt. Parking fees
shall not be included in any tabulation of mileage cost allowances.
(4) Any juror who travels to district court pursuant to summons in
an area outside of the contiguous forty-eight States of the United
States shall be paid the travel expenses provided under this section, or
actual reasonable transportation expenses subject to the discretion of
the district judge or clerk of court as circumstances indicate,
exercising due regard for the mode of transportation, the availability
of alternative modes, and the shortest practical route between residence
and court.
(5) A grand juror who travels to district court pursuant to a
summons may be paid the travel expenses provided under this section or,
under guidelines established by the Judicial Conference, the actual
reasonable costs of travel by aircraft when travel by other means is not
feasible and when certified by the chief judge of the district court in
which the grand juror serves.
(d)(1) A subsistence allowance covering meals and lodging of jurors
shall be established from time to time by the Director of the
Administrative Office of the United States Courts pursuant to section
604(a)(7) of this title, except that such allowance shall not exceed the
allowance for supporting court personnel in travel status in the same
geographical area. Claims for such allowance shall not require
itemization.
(2) A subsistence allowance shall be paid to a juror when an
overnight stay is required at the place of holding court, and for the
time necessarily spent in traveling to and from the place of attendance
if an overnight stay is required.
(3) A subsistence allowance for jurors serving in district courts
outside of the contiguous forty-eight States of the United States shall
be allowed at a rate not to exceed that per diem allowance which is paid
to supporting court personnel in travel status in those areas where the
Director of the Administrative Office of the United States Courts has
prescribed an increased per diem fee pursuant to section 604(a)(7) of
this title.
(e) During any period in which a jury is ordered to be kept together
and not to separate, the actual cost of subsistence shall be paid upon
the order of the court in lieu of the subsistence allowances payable
under subsection (d) of this section. Such allowance for the jurors
ordered to be kept separate or sequestered shall include the cost of
meals, lodging, and other expenditures ordered in the discretion of the
court for their convenience and comfort.
(f) A juror who must necessarily use public transportation in
traveling to and from court, the full cost of which is not met by the
transportation expenses allowable under subsection (c) of this section
on account of the short distance traveled in miles, may be paid, in the
discretion of the court, the actual reasonable expense of such public
transportation, pursuant to the methods of payment provided by this
section. Jurors who are required to remain at the court beyond the
normal business closing hour for deliberation or for any other reason
may be transported to their homes, or to temporary lodgings where such
lodgings are ordered by the court, in a manner directed by the clerk and
paid from funds authorized under this section.
(g) The Director of the Administrative Office of the United States
Courts shall promulgate such regulations as may be necessary to carry
out his authority under this section.
(June 25, 1948, ch. 646, 62 Stat. 953; May 24, 1949, ch. 139, Sec. 97,
63 Stat. 103; July 14, 1949, ch. 333, 63 Stat. 411; Pub. L. 85-299,
Sept. 7, 1957, 71 Stat. 618; Pub. L. 89-165, Sept. 2, 1965, 79 Stat.
645; Pub. L. 90-274, Sec. 102(a), Mar. 27, 1968, 82 Stat. 62; Pub. L.
95-572, Sec. 5, Nov. 2, 1978, 92 Stat. 2454; Pub. L. 101-650, title III,
Sec. 314(b), Dec. 1, 1990, 104 Stat. 5115; Pub. L. 102-572, title IV,
Sec. 402, Oct. 29, 1992, 106 Stat. 4511.)
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., Secs. 600, 600a, 600b, 608, and
sections 11-1512 and 11-1513 of the D.C. Code, 1940 ed., (R.S.
Secs. 236, 323; Apr. 26, 1926, ch. 183, Secs. 1, 2, 44 Stat. 323; May
17, 1932, ch. 190, 47 Stat. 158; Oct. 13, 1941, ch. 431, Sec. 2, 55
Stat. 736).
Section consolidates section 600 of title 28, U.S.C., 1940 ed., and
sections 11-1512 and 11-1513 of the D.C. Code, 1940 ed., with part of
section 608 of title 28, U.S.C., 1940 ed. The remainder of such section
608, relating to payment of witnesses' compensation, is the basis of
section 1825 of this title.
Words ``place of service'' were substituted for references to
attendance at court, in view of the earlier reference to service before
commissioners.
The Advisory Committee to the House Committee on Revision of the
Laws in revision of this title, recommends a careful study of the
compensation of witnesses and jurors. Furthermore, provision should be
made for the subsistence of jurors and witnesses serving at such
distance from their homes as precludes daily travel to and from the
court.
Changes were made in phraseology.
1949 Act
This section incorporates in section 1871 of title 28, U.S.C., with
changes in phraseology, the provisions of act of June 25, 1948 (ch. 652,
62 Stat. 1016), which became law subsequent to the enactment of the
revision.
Amendments
1992--Subsec. (c)(5). Pub. L. 102-572 added par. (5).
1990--Subsec. (b). Pub. L. 101-650 substituted ``$40'' for ``$30''
in par. (1) and ``$10'' for ``$5'' in pars. (2) and (3).
1978--Subsecs. (a) to (g). Pub. L. 95-572, in revising text,
substituted subsecs. (a) to (g) for prior five unnumbered paragraphs,
and among other changes, deleted reference to fees for service before
United States commissioners, now provided for in chapter 43 (section 631
et seq.) of this title relating to United States magistrates; increased
to $30 from $20 allowance for actual attendance; continued the
discretionary additional fee for extended service, increasing to forty-
five from thirty days the basic service requirement; generalized travel
allowance provisions in place of 10 cents per mile travel allowance from
residence to place of service when commencing and terminating service
and any necessary daily or interim travel, not to exceed a subsistence
allowance of $16 per day; and deleted provision for same fees for
service in districts courts for districts of Guam and Canal Zone as
provided for services in other Federal district courts as covered in
definition of ``district court of the United States'' in section 1869(f)
of this title.
1968--Pub. L. 90-274 increased from $10 to $20 the per diem
allowance for grand and petit jurors, increased from $14 to $25 the fee
for extra days in cases requiring attendance in excess of 30 days,
increased from $10 to $16 the daily subsistence rate when travel appears
impracticable, increased from $10 to $20 per day the limit after which
payment of fees by the marshal must be on the certificate of the trial
judge, provided for the allowance of amounts expended for tolls, for
toll roads, for toll tunnels, and for toll bridges, and directed that
grand and petit jurors in the district courts for the districts of Guam
and the Canal Zone receive the same fees and allowances provided for
grand and petit jurors in other district courts of the United States.
1965--Pub. L. 89-165 increased from $7 to $10 the per diem allowance
for grand and petit jurors, increased from $10 to $14 the fee for extra
days in cases requiring attendance in excess of 30 days, prohibited
payment for interim or daily travel at the 10-cent-per-mile rate in
excess of the subsistence allowance which would have been paid if he had
remained at the place of holding court overnight or during temporary
recess, increased from $7 to $10 the daily subsistence rate when travel
daily appears impracticable, and increased from $7 to $10 per day the
limit after which payment of fees by the marshal must be on the
certificate of the trial judge.
1957--Pub. L. 85-299 increased from 7 to 10 cents per mile and $5 to
$7 per day the mileage and subsistence allowances of grand and petit
jurors.
1949--Act July 14, 1949, increased the per diem fee paid jurors from
$5 to $7, provided for per diem fee payments not to exceed $10 for each
day in excess of thirty days, increased the mileage payment from 5 cents
per mile to 7 cents, and provided for the certification of the judge in
cases where the jury fee is in excess of $7 per diem.
Act May 24, 1949, increased jury fees and mileage and subsistence
allowances.
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.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95-572 applicable with respect to any grand or
petit juror serving on or after the sixtieth day following Nov. 2, 1978,
see section 7(b) 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.
Refreshment of Jurors
Pub. L. 101-162, title IV, Nov. 21, 1989, 103 Stat. 1012, provided:
``That for fiscal year 1990 and hereafter, funds appropriated under this
heading [Courts of Appeals, District Courts and Other Judicial Services
and fees of jurors and commissioners] shall be available for refreshment
of jurors.''
Section Referred to in Other Sections
This section is referred to in sections 567, 1864, 1876 of this
title.
