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28 U.S.C. § 2284 — Three-judge court; when required; composition; procedure

submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 338 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets rules about Three-judge court; when required; composition; procedure. It states the duties, permissions, limits, reports, or definitions described in the text.

(a) A district court of three judges must be convened when otherwise required by Act of Congress, or when an action is filed challenging the constitutionality of the apportionment of congressional districts or the apportionment of any statewide legislative body. (b) In any action required to be heard and determined by a district court of three judges under subsection (a) of this section, the composition and procedure of the court must be as follows: (1) Upon the filing of a request for three judges, the judge to whom the request is presented must, unless he determines that three judges are not required, immediately notify the chief judge of the circuit, who must designate two other judges, at least one of whom must be a circuit judge. The judges so designated, and the judge to whom the request was presented, must serve as members of the court to hear and determine the action or proceeding. (2) If the action is against a State, or officer or agency of it, at least five days’ notice of hearing of the action must be given by registered or certified mail to the Governor and attorney general of the State. (3) A single judge may conduct all proceedings except the trial, and enter all orders permitted by the rules of civil procedure except as provided in this subsection. He may grant a temporary restraining order on a specific finding, based on evidence submitted, that specified irreparable damage will result if the order is not granted, which order, unless previously revoked by the district judge, must remain in force only until the hearing and determination by the district court of three judges of an application for a preliminary injunction. A single judge must not appoint a master, or order a reference, or hear and determine any application for a preliminary or permanent injunction or motion to vacate such an injunction, or enter judgment on the merits. Any action of a single judge may be reviewed by the full court at any time before final judgment.

the actual law source: uscode.house.gov ↗public domain
(a)

A district court of three judges shall be convened when otherwise required by Act of Congress, or when an action is filed challenging the constitutionality of the apportionment of congressional districts or the apportionment of any statewide legislative body.

(b)

In any action required to be heard and determined by a district court of three judges under subsection (a) of this section, the composition and procedure of the court shall be as follows:

(1)

Upon the filing of a request for three judges, the judge to whom the request is presented shall, unless he determines that three judges are not required, immediately notify the chief judge of the circuit, who shall designate two other judges, at least one of whom shall be a circuit judge. The judges so designated, and the judge to whom the request was presented, shall serve as members of the court to hear and determine the action or proceeding.

(2)

If the action is against a State, or officer or agency thereof, at least five days’ notice of hearing of the action shall be given by registered or certified mail to the Governor and attorney general of the State.

(3)

A single judge may conduct all proceedings except the trial, and enter all orders permitted by the rules of civil procedure except as provided in this subsection. He may grant a temporary restraining order on a specific finding, based on evidence submitted, that specified irreparable damage will result if the order is not granted, which order, unless previously revoked by the district judge, shall remain in force only until the hearing and determination by the district court of three judges of an application for a preliminary injunction. A single judge shall not appoint a master, or order a reference, or hear and determine any application for a preliminary or permanent injunction or motion to vacate such an injunction, or enter judgment on the merits. Any action of a single judge may be reviewed by the full court at any time before final judgment.

Source credit: (June 25, 1948, ch. 646, 62 Stat. 968; Pub. L. 86–507, § 1(19), June 11, 1960, 74 Stat. 201; Pub. L. 94–381, § 3, Aug. 12, 1976, 90 Stat. 1119; Pub. L. 98–620, title IV, § 402(29)(E), Nov. 8, 1984, 98 Stat. 3359.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 968
  • 1960Amended · Pub. L. 86-507 · 74 Stat. 201
  • 1976Amended · Pub. L. 94-381 · 90 Stat. 1119
  • 1984Amended · Pub. L. 98-620 · 98 Stat. 3359

A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.

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