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28 U.S.C. § 137Division of business among district judges

submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 436 words · no verdicts yet

in plain englishAI-generated · not legal advice

Courts with more than one judge must split up cases using their own rules. If judges can't agree on rules, the circuit's judicial council decides. Special random-assignment rules apply to certain music-licensing fee disputes.

(a) In General. When a court has more than one judge, the court's own rules and orders decide how cases get divided up. The chief judge must make sure those rules are followed, and assigns the business and cases whenever the rules don't already cover it. If the district judges in a district can't agree on rules for dividing up the business, the judicial council of that circuit steps in and issues the necessary orders. (b) Random Assignment of Rate Court Proceedings. (1) In general. (A) Definition. In this paragraph, "performing rights society" means whatever section 101 of title 17 says it means. (B) Determination of license fee. Except as described in (C) below, if a performing rights society is subject to a consent decree, any request to set a license fee for publicly performing music — made under that consent decree — must go to the district court that has jurisdiction over the consent decree. That court must randomly assign the request to one of its judges, following its usual rules for dividing up business. But the request can't go to: (i) a judge who currently has, or previously had, continuing jurisdiction over that performing rights society's consent decree; or (ii) a judge who, at the time the request is filed, already has another pending case asking for a reasonable license fee. (C) Exception. The rule in (B) doesn't apply when an individual proprietor asks for a reasonable license fee under section 513 of title 17. (2) Rule of construction. Paragraph (1) doesn't change anyone's right — whether a party to the consent decree or to a fee-setting proceeding — to ask a court to interpret any part of the applicable consent decree. That kind of request goes to whichever judge currently holds continuing jurisdiction over the consent decree. If the request comes up during a rate-setting proceeding, the rate proceeding pauses until the interpretation request is decided. But a dispute about whether one licensee is like another licensee is not sent to the judge with continuing jurisdiction — it stays inside the rate proceeding.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

The business of a court having more than one judge shall be divided among the judges as provided by the rules and orders of the court.

The chief judge of the district court shall be responsible for the observance of such rules and orders, and shall divide the business and assign the cases so far as such rules and orders do not otherwise prescribe.

If the district judges in any district are unable to agree upon the adoption of rules or orders for that purpose the judicial council of the circuit shall make the necessary orders.

(b)Random Assignment of Rate Court Proceedings.—
(1)In general.—
(A)Definition.—

In this paragraph, the term “performing rights society” has the meaning given the term in section 101 of title 17.

(B)Determination of license fee.—

Except as provided in subparagraph (C), in the case of any performing rights society subject to a consent decree, any application for the determination of a license fee for the public performance of music in accordance with the applicable consent decree shall be made in the district court with jurisdiction over that consent decree and randomly assigned to a judge of that district court according to the rules of that court for the division of business among district judges, provided that any such application shall not be assigned to—

(i)

a judge to whom continuing jurisdiction over any performing rights society for any performing rights society consent decree is assigned or has previously been assigned; or

(ii)

a judge to whom another proceeding concerning an application for the determination of a reasonable license fee is assigned at the time of the filing of the application.

(C)Exception.—

Subparagraph (B) does not apply to an application to determine reasonable license fees made by individual proprietors under section 513 of title 17.

(2)Rule of construction.—

Nothing in paragraph (1) shall modify the rights of any party to a consent decree or to a proceeding to determine reasonable license fees, to make an application for the construction of any provision of the applicable consent decree. Such application shall be referred to the judge to whom continuing jurisdiction over the applicable consent decree is currently assigned. If any such application is made in connection with a rate proceeding, such rate proceeding shall be stayed until the final determination of the construction application. Disputes in connection with a rate proceeding about whether a licensee is similarly situated to another licensee shall not be subject to referral to the judge with continuing jurisdiction over the applicable consent decree.

Source credit: (June 25, 1948, ch. 646, 62 Stat. 897; Pub. L. 115–264, title I, § 104, Oct. 11, 2018, 132 Stat. 3726.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 897
  • 2018Amended · Pub. L. 115-264 · 132 Stat. 3726

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

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