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. 64662 Stat. 971July 30, 1954, ch. 648, § 2(a)68 Stat. 589Pub. L. 104–331, § 3(b)(3)110 Stat. 4069(, ; , ; , , .)
Historical and Revision Notes
Mar. 3, 1911, ch. 231, § 2436 Stat. 1093Nov. 23, 1921, ch. 136, § 1310(c)42 Stat. 31143 Stat. 348Feb. 24, 1925, ch. 30943 Stat. 972Feb. 26, 1926, ch. 2744 Stat. 121Aug. 2, 1946, ch. 753, § 410(a)60 Stat. 843Based on title 28, U.S.C., 1940 ed., §§ 41(20), 931(a) (, par. 20, ; , ; , 4:01 p.m., ch. 234, § 1025(c), ; , ; , §§ 1122(c), 1200, , 125; , ).
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.
Editorial Notes
Amendments
Pub. L. 104–3311996— substituted “Subject to chapter 179 of this title, any action” for “Any action”.
section 1346(a)(1) of this title1954—Act , permitted a jury trial at the request of either party in actions under .
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Pub. L. 104–331section 3(d) of Pub. L. 104–331section 1296 of this titleAmendment by effective , see , set out as an Effective Date note under .