§ 1878. — Optional use of a onestep summoning and qualification procedure.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1878]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 121--JURIES; TRIAL BY JURY
Sec. 1878. Optional use of a one-step summoning and
qualification procedure
(a) At the option of each district court, jurors may be summoned and
qualified in a single procedure, if the court's jury selection plan so
authorizes, in lieu of the two separate procedures otherwise provided
for by this chapter. Courts shall ensure that a one-step summoning and
qualification procedure conducted under this section does not violate
the policies and objectives set forth in sections 1861 and 1862 of this
title.
(b) Jury selection conducted under 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 a one-step summoning
and qualification procedure authorized by this section.
(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.''
