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If no one claims the amount, as herein provided, or if a claim is made and disallowed and the court so directs, the amount devolves to the United States and shall be covered into the Treasury as miscellaneous receipts.

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476. Retirement and deliberation of jury; three-fourths verdict.

477. Return to court for instructions.

478. Discharge without verdict; retrial.

479. Adjournment while jury absent; sealed verdict.

480. Manner of giving verdict; three-fourths verdict; polling jury.

481. Correction of informal or insufficient verdict.

482. Entry of verdict.

Subchapter I-Trial by Jury

§ 451. Jury trial of right

Except as otherwise provided by law, a party has a right of trial by jury of issues of fact in a civil case at law originating in the district court.

§ 452. Challenges

(a) In civil cases, each party is entitled to four peremptory challenges. Several defendants or several plaintiffs may be considered as a single party for the purposes of making challenges, or the court may allow additional peremptory challenges and permit them to be exercised separately or jointly. If two or more actions are consolidated for trial, the court may allow each party the number of peremptory challenges he would have if the actions were tried separately.

(b) Challenges for cause or favor, whether to the array or panel or to individual jurors, shall be determined by the court.

§ 453. Challenges for cause

Challenges for cause may be taken on one or more of the following grounds:

(1) a want of any of the qualifications prescribed to render a person competent as a juror;

(2) consanguinity or affinity within the fourth degree to a party, or to an officer of a corporation which is a party;

(3) standing in the relation of guardian and ward, master and servant, employer and clerk, or principal and agent, or debtor and creditor, to either party, or to an officer of a corporation which is a party, or being a member of the family of either party; or a partner in business with either party; or surety on a bond or obligation for either party, or being the holder of bonds or shares of the capital stock of a corporation which is a party; or having stood within one year previous to the filing of the complaint in the relation of attorney and client with either party or with the attorney for either party; but a depositor of a bank is not deemed

a creditor of the bank for the purpose of this paragraph solely by reason of his being a depositor;

(4) having served as a juror in a civil action or been a witness on a previous trial between the same parties, for the same cause of action; or having been summoned and attended the district court as a petit juror at any term held within one year prior to the challenge;

(5) interest on the part of the juror in the event of the action, or in the main question involved in the action;

(6) having an unqualified opinion or belief as to the merits of the action founded upon knowledge of its material facts or of some of them;

(7) the existence of a state of mind evincing enmity against or bias to either party; or

(8) that he is a party to an action pending in the court for which he is drawn and which action is set for trial before the panel of which he is a member.

§ 454. Jury to be sworn

As soon as the jury is completed, an oath shall be administered to the jurors, in substance, that they and each of them will well and truly try the matter in issue between , plaintiff, and defendant, and a true verdict render according to the evidence.

Subchapter II-Conduct of Trial

§ 471. Order of proceedings on trial

When the jury have been sworn, the proceedings shall be as follows, unless the judge, for special reasons, otherwise directs;

(1) the plaintiff, after stating the issue and his case, shall produce the evidence on his part;

(2) the defendant may then open his defense, and offer his evidence in support thereof;

(3) the parties may then respectively offer rebutting evidence only, unless the court, for good reason, in furtherance of justice, permits them to offer evidence upon their original case;

(4) when the evidence is concluded, unless the case is submitted to the jury on either side or on both sides without argument, the plaintiff shall commence and may conclude the argument;

(5) if several defendants, having separate defenses, appear by different counsel, the court shall determine their relative order in the presentation of evidence and argument; and

(6) the court may then charge the jury.

8 472. View by jury

When, in the opinion of the court, it is proper for the jury to have a view of the property which is the subject of litigation, or of the place in which a material fact occurred, it may order them to be conducted, in a body, under the charge of an officer, to the place, which shall be shown to them by some person appointed by the court for that purpose. While the jury are thus absent, no person, other than the person so appointed, may speak to them on any subject connected with the trial.

§ 473. Instructions to jury

In charging the jury the court may state to them all matters of law which it thinks necessary for their information in giving their verdict; and, if it states the testimony of the case, it shall inform the jury that they are the exclusive judges of all questions of fact. The court shall furnish to either party, at the time, upon request, a statement

in writing of the points of law contained in the charge, or sign, at the time, a statement of the points prepared and submitted by the counsel of either party.

§ 474. Admonition when jury permitted to separate

If the jury are permitted to separate, either during the trial or after the case is submitted to them, they shall be admonished by the court that it is their duty not to converse with, or suffer themselves to be addressed by any other person, on any subject of the trial, and that it is their duty not to form or express an opinion thereon until the case is finally submitted to them.

§ 475. Items taken with jury

Upon retiring for deliberation the jury may take with them all papers which have been received as evidence in the cause, except depositions or copies of such papers as ought not, in the opinion of the court, to be taken from the person having them in possession. They may also take with them any exhibits which the court thinks proper and notes of the testimony or other proceedings on the trial, taken by themselves or any of them, but none taken by any other person.

§ 476. Retirement and deliberation of jury; three-fourths verdict After the case is finally submitted to the jury, they may decide in court or retire for deliberation. If they retire, they shall be kept together in a convenient place, under charge of an officer, until at least three-fourths of them agree upon a verdict or are discharged by the court. Unless by order of the court, the officer having them under his charge may not suffer any communication to be made to them, or make any himself, except to ask them if they or threefourths of them are agreed upon a verdict, and he may not, before their verdict is rendered, communicate to any person the state of their deliberations or the verdict agreed upon.

§ 477. Return to court for instructions

After the jury have retired for deliberation, if there is a disagreement between them as to any part of the testimony, or if they desire to be informed of any point of law arising in the cause, they may require the officer to conduct them into court. Upon their being brought into court, the information required shall be given in the presence of, or after notice to, the parties or counsel.

§ 478. Discharge without verdict; retrial

If the jury are discharged, or prevented from giving a verdict, by reason of accident or other cause, during the progress of the trial, or after the cause is submitted to them, the action may be again tried immediately, or at a future time, as the court may direct, unless the court directs the entry of judgment in accordance with a motion for a directed verdict pursuant to Rule 50 of the Federal Rules of Civil Procedure.

§ 479. Adjournment while jury absent; sealed verdict

While the jury are absent the court may adjourn from time to time, in respect to other business; but it is nevertheless open for every purpose connected with the cause submitted to the jury, until a verdict is rendered or the jury discharged. The court may direct the jury to bring in a sealed verdict, at the opening of the court, in case of an agreement during a recess or adjournment for the day.

§ 480. Manner of giving verdict; three-fourths verdict; polling jury

When the jury, or three-fourths of them, have agreed upon a verdict, they shall be conducted into court, their names called by the clerk, and the verdict rendered by their foreman. The verdict must be in writing, signed by the foreman, and shall be read by the clerk to the jury, and the inquiry made whether it is their verdict. Either party may require the jury to be polled, which is done by the court or clerk asking each juror if it is his verdict. If upon such an inquiry or polling, more than one-fourth of the jurors disagree thereto, the jury shall be sent out again, but if no such disagreement is expressed, the verdict is complete and the jury discharged from the

case.

§ 481. Correction of informal or insufficient verdict

When the verdict is announced, if it is informal or insufficient, in not covering the issue submitted, it may be corrected by the jury under the advice of the court, or the jury may be again sent out.

§ 482. Entry of verdict

Upon receiving a verdict, an entry shall be made by the clerk in the minutes of the court, specifying the time of trial, the names of the jurors and witnesses, and setting out the verdict at length; and where a special verdict is found, either the judgment rendered thereon, or if the case is reserved for argument or further consideration, the order thus reserving it.

Sec.

CHAPTER 15-JUDGMENT AND EXECUTION

SUBCHAPTER I-JUDGEMENTS GENERALLY

511. Interest on judgments.

512. Satisfaction of judgment.

513. Death of party before Judgment.

514. Action against officer or person holding bond or covenant of indemnity; defense by and Judgment against surety.

515. Confession of judgment without action.

516. Submission of controversy without action.

SUBCHAPTER II-EXECUTION

541. Time for issuance of execution.

542. Issuance of execution; form and contents.

543. Return of execution.

544. Methods for enforcement of judgments and orders.

545. Execution after five years.

546. Execution after death of party.

547. Property liable to execution; manner and effect of levy.

548. Property exempt from execution or attachment.

549. Procedure for asserting and determining claims for exemption.

550. Execution of writ generally.

551. Sale on execution or under power in deed of trust; notice.

552. Penalty for selling without notice or taking down or defacing notice. 553. Conduct of sale.

554. Nonpayment of bid: resale.

555. Rights of purchaser; certificate of sale.

556. Sales as absolute or subject to redemption; certificate of sale.

557. Redemption; persons entitled to; redemptioners defined.

558. Redemption; time; amount of payment.

559. Subsequent redemptions; notice; marshal's deed; certificate.

560. Redemption; persons to whom payments made; tender.

561. Redemption; documents to be produced by redemptioner.

562. Restraining waste during period for redemption.

563. Rents and profits.

564. Eviction of purchaser or failure to obtain possession; revival of judgment. 565. Contribution among judgment debtors; repayment of surety.

566. Claims by third persons: filing of claim; undertaking by plaintiff.

567. Same; hearing to determine title to property.

568. Same; undertaking by claimant.

569. Attachments and executions on mortgaged personal property.

Sec.

SUBCHAPTER III-PROCEEDINGS SUPPLEMENTAL TO EXECUTION

601. Examination of judgment debtor.

602. Order for judgment debtor to appear; arrest; bail.

603. Payment by debtor of judgment debtor.

604. Examination of debtor of judgment debtor.

605. Witnesses.

606. Order applying property toward satisfaction of judgment.

607. Third person claiming interest or denying debt; action by judgment creditor. 608. Contempt.

SUBCHAPTER IV-JUDGMENTS AGAINST JOINT DEBTORS

631. Summoning unserved joint debtors to show cause why they should not be bound by judgment.

632. Form and service of summons.

633. Affidavit to accompany summons.

634. Answer.

635. Pleadings.

636. Trial; amount of verdict or decision.

SUBCHAPTER V-DISCHARGE OF PERSONS IMPRISONED ON CIVIL PROCESS

661. Persons confined on execution issued on judgment; conditions for discharge. 662. Notice of application for discharge.

663. Service of notice.

664. Examination before judge.

665. Written interrogatories to prisoner.

666. Oath of prisoner.

667. Order for discharge.

668. Frequency of applications for discharge.

669. Finality of discharge.

670. Judgment remains in force.

671. Discharge on order of plaintiff.

672. Discharge on failure of plaintiff to pay for support of prisoner.

Subchapter I-Judgments Generally

§ 511. Interest on judgments

Judgments bear interest at the rate of 6 percent per annum from the date of entry.

§ 512. Satisfaction of judgment

Satisfaction of a judgment may be entered in the clerk's docket upon an execution returned satisfied, or upon an acknowledgment of satisfaction, which may recite payment of the judgment in full or the acceptance by the judgment creditor or assignee of record of any lesser sum in full satisfaction thereof. The acknowledgment may be made in the manner prescribed by chapter 27 of Title 4 and filed with the clerk or it may be made by indorsement on the face or the margin of the record. The acknowledgment or indorsement may be made by the judgment creditor, by the assignee of record, or by the attorney unless a revocation of his authority is filed.

Whenever a judgment is satisfied in fact, otherwise than upon an execution, the party or attorney shall give the acknowledgment, or make the indorsement, and, upon motion, the court may compel it, or may order the entry of satisfaction to be made without it.

§ 513. Death of party before judgment

If a party dies after a verdict or decision upon any issue of fact, and before judgment, the court may nevertheless render judgment thereon. The judgment is payable in the course of administration on his estate.

§ 514. Action against officer or person holding bond or covenant of indemnity; defense by and judgment against surety If an action is brought against an officer or person for an act for the doing of which he had theretofore received a valid bond or

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