§ 2402. — Jury trial in actions against United States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2402]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 161--UNITED STATES AS PARTY GENERALLY
Sec. 2402. Jury trial in actions against United States
Subject to chapter 179 of this title, any action against the United
States under section 1346 shall be tried by the court without a jury,
except that any action against the United States under section
1346(a)(1) shall, at the request of either party to such action, be
tried by the court with a jury.
(June 25, 1948, ch. 646, 62 Stat. 971; July 30, 1954, ch. 648,
Sec. 2(a), 68 Stat. 589; Pub. L. 104-331, Sec. 3(b)(3), Oct. 26, 1996,
110 Stat. 4069.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 41(20), 931(a) (Mar. 3,
1911, ch. 231, Sec. 24, par. 20, 36 Stat. 1093; Nov. 23, 1921, ch. 136,
Sec. 1310(c), 42 Stat. 311; June 2, 1924, 4:01 p.m., ch. 234,
Sec. 1025(c), 43 Stat. 348; Feb. 24, 1925, ch. 309, 43 Stat. 972; Feb.
26, 1926, ch. 27, Secs. 1122(c), 1200, 44 Stat. 121, 125; Aug. 2, 1946,
ch. 753, Sec. 410(a), 60 Stat. 843).
Section consolidates non-jury provisions of sections 41(20) and
931(a) of title 28, U.S.C., 1940 ed. For other provisions of said
section 931(a) relating to tort claims, see Distribution Table.
Word ``actions'' was substituted for ``suits'', in view of Rule 2 of
the Federal Rules of Civil Procedure.
Provisions of title 28, U.S.C., 1940 ed., Sec. 41(20) relating to
jurisdiction of district courts and time for bringing actions against
the United States are the basis of sections 1346 and 2401 of this title.
Amendments
1996--Pub. L. 104-331 substituted ``Subject to chapter 179 of this
title, any action'' for ``Any action''.
1954--Act July 30, 1954, permitted a jury trial at the request of
either party in actions under section 1346(a)(1) of this title.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-331 effective Oct. 1, 1997, see section
3(d) of Pub. L. 104-331, set out as an Effective Date note under section
1296 of this title.
Section Referred to in Other Sections
This section is referred to in title 41 section 113; title 42
section 2212.
