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28 U.S.C. § 48Terms of court

submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 493 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets the cities where each federal court of appeals holds its regular sessions, and lets courts hold special sessions elsewhere when needed. In an emergency, a court can even hold a special session outside its own circuit, but only after specific findings and notice to Congress. The Federal Circuit's sessions must be scheduled to be convenient for citizens.

(a) This subsection lists the cities where each court of appeals holds its regular sessions, plus any other place the court designates by rule within its circuit. The list runs from the District of Columbia Circuit (Washington) through the Eleventh Circuit (Atlanta, Jacksonville, Montgomery), plus the Federal Circuit (District of Columbia and any other listed place the court directs). (b) Each court of appeals may also hold special sessions anywhere within its circuit, whenever the business of the court requires it, with whatever notice the court orders. At a special session, the court can handle any business it could handle at a regular session. (c) A court of appeals may skip ("pretermit") a regular session at any location, if there isn't enough business or for other good cause. (d) The Court of Appeals for the Federal Circuit must schedule its session times and places to give citizens a reasonable, convenient, and low-cost opportunity to appear before the court. (e) A court of appeals may hold a special session outside its own circuit, anywhere in the United States, if its business requires it. This requires a finding — made by either the chief judge (or, if unavailable, the most senior available active judge) or the circuit's judicial council — that emergency conditions mean no location inside the circuit is reasonably available for the special session. The court can transact any business at this out-of-circuit special session that it could transact at a regular session. (f) If a court issues such an emergency out-of-circuit order, it must, through the Administrative Office of the United States Courts, send notice of the order and the reasons for it to the Senate and House Judiciary Committees. Within 180 days after the order expires, the court must also send those committees a brief report describing the order's impact — including the reasons for it, how long it lasted, its effect on the people involved in the cases, and the costs it created for the judiciary. The court must also give the United States Marshals Service reasonable notice before any such special session begins.
the actual law source: uscode.house.gov ↗public domain
(a)

The courts of appeals shall hold regular sessions at the places listed below, and at such other places within the respective circuit as each court may designate by rule.

Circuits

Places

District of Columbia

Washington.

First

Boston.

Second

New York.

Third

Philadelphia.

Fourth

Richmond, Asheville.

Fifth

New Orleans, Fort Worth, Jackson.

Sixth

Cincinnati.

Seventh

Chicago.

Eighth

St. Louis, Kansas City, Omaha, St. Paul.

Ninth

San Francisco, Los Angeles, Portland, Seattle.

Tenth

Denver, Wichita, Oklahoma City.

Eleventh

Atlanta, Jacksonville, Montgomery.

Federal

District of Columbia, and in any other place listed above as the court by rule directs.

(b)

Each court of appeals may hold special sessions at any place within its circuit as the nature of the business may require, and upon such notice as the court orders. The court may transact any business at a special session which it might transact at a regular session.

(c)

Any court of appeals may pretermit any regular session of court at any place for insufficient business or other good cause.

(d)

The times and places of the sessions of the Court of Appeals for the Federal Circuit shall be prescribed with a view to securing reasonable opportunity to citizens to appear before the court with as little inconvenience and expense to citizens as is practicable.

(e)

Each court of appeals may hold special sessions at any place within the United States outside the circuit 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 court of appeals (or, if the chief judge is unavailable, the most senior available active judge of the court of appeals) or the judicial council of the circuit that, because of emergency conditions, no location within the circuit is reasonably available where such special sessions could be held. The court may transact any business at a special session outside the circuit which it might transact at a regular session.

(f)

If a court of appeals issues an order exercising its authority under subsection (e), the court—

(1)

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

(A)

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

(B)

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

(2)

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

Source credit: (June 25, 1948, ch. 646, 62 Stat. 872; Oct. 31, 1951, ch. 655, § 36, 65 Stat. 723; Pub. L. 96–452, § 4, Oct. 14, 1980, 94 Stat. 1994; Pub. L. 97–164, title I, § 104, Apr. 2, 1982, 96 Stat. 26; Pub. L. 102–572, title V, § 501, Oct. 29, 1992, 106 Stat. 4512; Pub. L. 109–63, § 2(a), Sept. 9, 2005, 119 Stat. 1993.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 872
  • 1951Amended · Act of Oct. 31, 1951, ch. 655 · 65 Stat. 723
  • 1980Amended · Pub. L. 96-452 · 94 Stat. 1994
  • 1982Amended · Pub. L. 97-164 · 96 Stat. 26
  • 1992Amended · Pub. L. 102-572 · 106 Stat. 4512
  • 2005Amended · Pub. L. 109-63 · 119 Stat. 1993

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

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