Laws: Cases and Codes : U.S. Code : Title 28 : Section 1871


   
U.S. Code as of: 01/19/04
Section 1871. Fees

      (a) Grand and petit jurors in district courts appearing pursuant
    to this chapter shall be paid the fees and allowances provided by
    this section. The requisite fees and allowances shall be disbursed
    on the certificate of the clerk of court in accordance with the
    procedure established by the Director of the Administrative Office
    of the United States Courts. Attendance fees for extended service
    under subsection (b) of this section shall be certified by the
    clerk only upon the order of a district judge.
      (b)(1) A juror shall be paid an attendance fee of $40 per day for
    actual attendance at the place of trial or hearing. A juror shall
    also be paid the attendance fee for the time necessarily occupied
    in going to and returning from such place at the beginning and end
    of such service or at any time during such service.
      (2) A petit juror required to attend more than thirty days in
    hearing one case may be paid, in the discretion of the trial judge,
    an additional fee, not exceeding $10 more than the attendance fee,
    for each day in excess of thirty days on which he is required to
    hear such case.
      (3) A grand juror required to attend more than forty-five days of
    actual service may be paid, in the discretion of the district judge
    in charge of the particular grand jury, an additional fee, not
    exceeding $10 more than the attendance fee, for each day in excess
    of forty-five days of actual service.
      (4) A grand or petit juror required to attend more than ten days
    of actual service may be paid, in the discretion of the judge, the
    appropriate fees at the end of the first ten days and at the end of
    every ten days of service thereafter.
      (5) Certification of additional attendance fees may be ordered by
    the judge to be made effective commencing on the first day of
    extended service, without reference to the date of such
    certification.
      (c)(1) A travel allowance not to exceed the maximum rate per mile
    that the Director of the Administrative Office of the United States
    Courts has prescribed pursuant to section 604(a)(7) of this title
    for payment to supporting court personnel in travel status using
    privately owned automobiles shall be paid to each juror, regardless
    of the mode of transportation actually employed. The prescribed
    rate shall be paid for the distance necessarily traveled to and
    from a juror's residence by the shortest practical route in going
    to and returning from the place of service. Actual mileage in full
    at the prescribed rate is payable at the beginning and at the end
    of a juror's term of service.
      (2) The Director shall promulgate rules regulating interim travel
    allowances to jurors. Distances traveled to and from court should
    coincide with the shortest practical route.
      (3) Toll charges for toll roads, bridges, tunnels, and ferries
    shall be paid in full to the juror incurring such charges. In the
    discretion of the court, reasonable parking fees may be paid to the
    juror incurring such fees upon presentation of a valid parking
    receipt. Parking fees shall not be included in any tabulation of
    mileage cost allowances.
      (4) Any juror who travels to district court pursuant to summons
    in an area outside of the contiguous forty-eight States of the
    United States shall be paid the travel expenses provided under this
    section, or actual reasonable transportation expenses subject to
    the discretion of the district judge or clerk of court as
    circumstances indicate, exercising due regard for the mode of
    transportation, the availability of alternative modes, and the
    shortest practical route between residence and court.
      (5) A grand juror who travels to district court pursuant to a
    summons may be paid the travel expenses provided under this section
    or, under guidelines established by the Judicial Conference, the
    actual reasonable costs of travel by aircraft when travel by other
    means is not feasible and when certified by the chief judge of the
    district court in which the grand juror serves.
      (d)(1) A subsistence allowance covering meals and lodging of
    jurors shall be established from time to time by the Director of
    the Administrative Office of the United States Courts pursuant to
    section 604(a)(7) of this title, except that such allowance shall
    not exceed the allowance for supporting court personnel in travel
    status in the same geographical area. Claims for such allowance
    shall not require itemization.
      (2) A subsistence allowance shall be paid to a juror when an
    overnight stay is required at the place of holding court, and for
    the time necessarily spent in traveling to and from the place of
    attendance if an overnight stay is required.
      (3) A subsistence allowance for jurors serving in district courts
    outside of the contiguous forty-eight States of the United States
    shall be allowed at a rate not to exceed that per diem allowance
    which is paid to supporting court personnel in travel status in
    those areas where the Director of the Administrative Office of the
    United States Courts has prescribed an increased per diem fee
    pursuant to section 604(a)(7) of this title.
      (e) During any period in which a jury is ordered to be kept
    together and not to separate, the actual cost of subsistence shall
    be paid upon the order of the court in lieu of the subsistence
    allowances payable under subsection (d) of this section. Such
    allowance for the jurors ordered to be kept separate or sequestered
    shall include the cost of meals, lodging, and other expenditures
    ordered in the discretion of the court for their convenience and
    comfort.
      (f) A juror who must necessarily use public transportation in
    traveling to and from court, the full cost of which is not met by
    the transportation expenses allowable under subsection (c) of this
    section on account of the short distance traveled in miles, may be
    paid, in the discretion of the court, the actual reasonable expense
    of such public transportation, pursuant to the methods of payment
    provided by this section. Jurors who are required to remain at the
    court beyond the normal business closing hour for deliberation or
    for any other reason may be transported to their homes, or to
    temporary lodgings where such lodgings are ordered by the court, in
    a manner directed by the clerk and paid from funds authorized under
    this section.
      (g) The Director of the Administrative Office of the United
    States Courts shall promulgate such regulations as may be necessary
    to carry out his authority under this section.



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