Title 28 — Judiciary and Judicial ProcedureRelease 119-73not60
§1868 Maintenance and Inspection of Records
Title 28 › Part V— PROCEDURE › Chapter 121— JURIES; TRIAL BY JURY › § 1868
Summary
After the main jury list is emptied and refilled, and after people chosen before that finish serving, the clerk must keep the earlier jury records. The clerk must keep them for four years (or longer if a court orders) and let the public inspect them so anyone can check whether a jury was picked properly.
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 28 — Judiciary and Judicial Procedure
Last Updated
Apr 5, 2026
Release point: 119-73not60