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28 U.S.C. § 141Special sessions; places; notice

submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 513 words · no verdicts yet

in plain englishAI-generated · not legal advice

District courts can hold special sessions at extra locations inside their district, and, during emergencies, even outside the district or state. Congress must be told about out-of-district orders, and the court must arrange marshal transportation and juror-summoning rules for these sessions.

(a)(1) A district court may hold special sessions anywhere in its district that the business requires, on whatever notice the court orders. (2) Anything that could be handled at a regular session can also be handled at a special session. (b)(1) In an emergency — when the chief judge (or, if unavailable, the most senior active judge) or the circuit's judicial council finds that no location in the district is reasonably available — the court may hold a special session somewhere else in the United States, outside the district. (2) Almost any regular-session business can happen at that outside special session. The exception: a criminal trial can't be held outside the state where the crime happened, unless the defendant agrees to it. (3) Notwithstanding any other law, jurors for these special sessions can be summoned as follows: for civil cases, from anywhere in the district where the court normally does business or where it's holding the special session; for criminal trials, from wherever the crime happened, and — if the defendant agrees — also from any district where the court is conducting business under this section. (4) If a court issues an order for one of these out-of-district sessions, it must, through the Administrative Office of the U.S. Courts, notify the Senate and House Judiciary Committees of the order and the reasons for it, and, no later than 180 days after the order expires, send those committees a report on its impact — covering why the order was issued, how long it lasted, its effect on litigants, and its cost to the judiciary. The court must also give the U.S. Marshals Service reasonable notice before the special session starts. (5) When a court issues such an order, it must direct the U.S. marshal for the district where it's meeting to provide transportation and living expenses, to the same extent provided in sections 4282 and 4285 of title 18.
the actual law source: uscode.house.gov ↗public domain
(a)
(1)

Special sessions of the district court may be held at such places in the district as the nature of the business may require, and upon such notice as the court orders.

(2)

Any business may be transacted at a special session which might be transacted at a regular session.

(b)
(1)

Special sessions of the district court may be held at such places within the United States outside the district as the nature of the business may require and upon such notice as the court orders, upon a finding by either the chief judge of the district court (or, if the chief judge is unavailable, the most senior available active judge of the district court) or the judicial council of the circuit that, because of emergency conditions, no location within the district is reasonably available where such special sessions could be held.

(2)

Pursuant to this subsection, any business which may be transacted at a regular session of a district court may be transacted at a special session conducted outside the district, except that a criminal trial may not be conducted at a special session outside the State in which the crime has been committed unless the defendant consents to such a criminal trial.

(3)

Notwithstanding any other provision of law, in any case in which special sessions are conducted pursuant to this section, the district court may summon jurors—

(A)

in civil proceedings, from any part of the district in which the court ordinarily conducts business or the district in which it is holding a special session; and

(B)

in criminal trials, from any part of the district in which the crime has been committed and, if the defendant so consents, from any district in which the court is conducting business pursuant to this section.

(4)

If a district court issues an order exercising its authority under paragraph (1), the court—

(A)

through the Administrative Office of the United States Courts, shall—

(i)

send notice of such order, including the reasons for the issuance of such order, to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives; and

(ii)

not later than 180 days after the expiration of such court order submit a brief report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives describing the impact of such order, including—

(I)

the reasons for the issuance of such order;

(II)

the duration of such order;

(III)

the impact of such order on litigants; and

(IV)

the costs to the judiciary resulting from such order; and

(B)

shall provide reasonable notice to the United States Marshals Service before the commencement of any special session held pursuant to such order.

(5)

If a district court issues an order exercising its authority under paragraph (1), the court shall direct the United States marshal of the district where the court is meeting to furnish transportation and subsistence to the same extent as that provided in sections 4282 and 4285 of title 18.

Source credit: (June 25, 1948, ch. 646, 62 Stat. 897; Pub. L. 88–139, § 1, Oct. 16, 1963, 77 Stat. 248; Pub. L. 109–63, § 2(b), Sept. 9, 2005, 119 Stat. 1994; Pub. L. 109–162, title XI, § 1198(a), Jan. 5, 2006, 119 Stat. 3132.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 897
  • 1963Amended · Pub. L. 88-139 · 77 Stat. 248
  • 2005Amended · Pub. L. 109-63 · 119 Stat. 1994
  • 2006Amended · Pub. L. 109-162 · 119 Stat. 3132

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

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