28 USC § 2402 - Jury trial in actions against United States

---
identifier: "/us/usc/t28/s2402"
source: "usc"
legal_status: "official_legal_evidence"
title: "28 USC § 2402 - Jury trial in actions against United States"
title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
section_number: "2402"
section_name: "Jury trial in actions against United States"
chapter_number: 161
chapter_name: "UNITED STATES AS PARTY GENERALLY"
part_number: "VI"
part_name: "PARTICULAR PROCEEDINGS"
positive_law: true
currency: "119-73"
last_updated: "2026-03-26"
format_version: "1.1.0"
generator: "[email protected]"
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.)"
---


# § 2402. Jury trial in actions against United States

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.

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**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.)

### Historical and Revision Notes

Based 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

1996— substituted “Subject to chapter 179 of this title, any action” for “Any action”.

1954—Act , permitted a jury trial at the request of either party in actions under .

## Statutory Notes and Related Subsidiaries

### Effective Date of 1996 Amendment

Amendment by  effective , see , set out as an Effective Date note under .