2014 US Code
Title 28 - Judiciary and Judicial Procedure (Sections 1 - 5001)
Part VI - Particular Proceedings (Sections 2201 - 5001)
Chapter 161 - United States as Party Generally (Sections 2401 - 2416)
Sec. 2402 - Jury trial in actions against United States
| Publication Title | United States Code, 2012 Edition, Supplement 2, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | 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 |
| Contains | section 2402 |
| Date | 2014 |
| Laws In Effect As Of Date | January 5, 2015 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | June 25, 1948, ch. 646, 62 Stat. 971; July 30, 1954, ch. 648, §2(a), 68 Stat. 589; Pub. L. 104-331, §3(b)(3), Oct. 26, 1996, 110 Stat. 4069. |
| Statutes at Large References | 36 Stat. 1093 42 Stat. 311 43 Stat. 348, 972 44 Stat. 121 60 Stat. 843 62 Stat. 971 68 Stat. 589 110 Stat. 4069 |
| Public and Private Laws | Public Law 104-331 |
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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, §2(a), 68 Stat. 589; Pub. L. 104–331, §3(b)(3), Oct. 26, 1996, 110 Stat. 4069.)
HISTORICAL AND REVISION NOTESBased on title 28, U.S.C., 1940 ed., §§41(20), 931(a) (Mar. 3, 1911, ch. 231, §24, par. 20, 36 Stat. 1093; Nov. 23, 1921, ch. 136, §1310(c), 42 Stat. 311; June 2, 1924, 4:01 p.m., ch. 234, §1025(c), 43 Stat. 348; Feb. 24, 1925, ch. 309, 43 Stat. 972; Feb. 26, 1926, ch. 27, §§1122(c), 1200, 44 Stat. 121, 125; Aug. 2, 1946, ch. 753, §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., §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.
AMENDMENTS1996—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 AMENDMENTAmendment 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.
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