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.
Section consolidates non-jury provisions of sections
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
2401 of this title.
1996—Pub. L. 104–331substituted “Subject to chapter
179 of this title, any action” for “Any action”.
1954—Act July 30, 1954, permitted a jury trial at the request of either party in actions under section
1346(a)(1) of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.