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28 U.S.C. § 452 — Courts always open; powers unrestricted by expiration of sessions

submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 55 words · no verdicts yet

in plain englishAI-generated · not legal advice

U.S. courts are always considered open for filing papers, issuing orders, and similar actions. A court's power to act doesn't go away just because a particular court session has ended.

All courts of the United States are treated as always open, for the purpose of filing proper papers, issuing and returning legal process, and making motions and orders. A court session continuing or ending has no effect at all on the court's power to take any action or handle any proceeding.
the actual law source: uscode.house.gov ↗public domain

All courts of the United States shall be deemed always open for the purpose of filing proper papers, issuing and returning process, and making motions and orders.

The continued existence or expiration of a session of a court in no way affects the power of the court to do any act or take any proceeding.

Source credit: (June 25, 1948, ch. 646, 62 Stat. 907; Pub. L. 88–139, § 2, Oct. 16, 1963, 77 Stat. 248.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 907
  • 1963Amended · Pub. L. 88-139 · 77 Stat. 248

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

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