Title 28Judiciary and Judicial ProcedureRelease 119-73

§1868 Maintenance and inspection of records

Title 28 › Part PART V— - PROCEDURE › Chapter CHAPTER 121— - JURIES; TRIAL BY JURY › § 1868

Last updated Apr 6, 2026|Official source

Summary

After the master jury wheel is emptied and refilled under 1863(b)(4), and after prior jurors finish service, the clerk must keep jury records for four years (or longer by court order) open to public inspection to verify selection.

Full Legal Text

Title 28, §1868

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

After the master jury wheel is emptied and refilled pursuant to section 1863(b)(4) of this title, and after all persons selected to serve as jurors before the master wheel was emptied have completed such service, all records and papers compiled and maintained by the jury commission or clerk before the master wheel was emptied shall be preserved in the custody of the clerk for four years or for such longer period as may be ordered by a court, and shall be available for public inspection for the purpose of determining the validity of the selection of any jury.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§ 416, 417 (Mar. 3, 1911, ch. 231, §§ 279, 280, 36 Stat. 1165, Jan. 31, 1929, ch. 126, 45 Stat. 1145). Section consolidates parts of section 416, 417 of title 28, U.S.C., 1940 ed., with necessary changes in phraseology. The remaining portion of section 416 of title 28, U.S.C., 1940 ed., constitutes section 1867 of this title. The remainder of section 417 of title 28, U.S.C., 1940 ed., is incorporated in section 1866 of this title. Words, “in the opinion of the court, disqualified” were substituted for “not an indifferent person, or is interested in the event of the cause”.

Editorial Notes

Amendments

1968—Pub. L. 90–274 substituted provisions for the maintenance and inspection of records in the hands of the commission or clerk before the master wheel was emptied for provisions covering the disqualification of the United States marshal or his deputy and the appointment of a disinterested person by the court.

Statutory Notes and Related Subsidiaries

Effective Date

of 1968 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

28 U.S.C. § 1868

Title 28Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73