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1444 904, 905 2410 906 Rep. 921 2672 922 2673 931(a) 1346, 1402, 2402, 2411, 2412, 2674 931(b) 2675, 2676 932 1346, 2411 933(a)(1) 1291 933(a)(2) 1504, 2110 933(b) Rep. 934 2677 941 2671 942 2401 943 2680 944 2678 945 2679 946 Elim. (!1) Court of Claims Rules were replaced by U.S. Claims Court Rules effective Oct. 1, 1982, and subsequently by United States Court of Federal Claims Rules effective Dec. 4, 1992. (!2) Admiralty Rules were superseded July 1, 1966, by Supplemental Rules for Certain Admiralty and Maritime Claims. -------------------------------------------------------------------- ENACTMENT INTO LAW; CITATION Section 1 of act June 25, 1948, ch. 646, 62 Stat. 869, provided in part: "That title 28 of the United States Code, entitled 'Judicial Code and Judiciary' is hereby revised, codified, and enacted into law, and may be cited as 'Title 28, United States Code, section ___.' " LEGISLATIVE CONSTRUCTION Section 33 of act June 25, 1948, ch. 646, 62 Stat. 991, provided that: "No inference of a legislative construction is to be drawn by reason of the chapter in Title 28, Judiciary and Judicial Procedure, as set out in section 1 of this Act, in which any section is placed, nor by reason of the catchlines used in such title." SEPARABILITY Section 34 of act June 25, 1948, ch. 646, 62 Stat. 991, provided that: "If any part of Title 28, Judiciary and Judicial Procedure, as set out in section 1 of this Act, shall be held invalid, the remainder shall not be affected thereby." EFFECTIVE DATE Section 38 of act June 25, 1948, ch. 646, 62 Stat. 992, provided that: "The provisions of this Act shall take effect on September 1, 1948." REPEALS; RIGHTS AND LIABILITIES SAVED Section 39 of act June 25, 1948, ch. 646, 62 Stat. 992, repealed the sections or parts thereof of the Revised Statutes of the United States, Statutes at Large, or the Revised Statutes of the District of Columbia covering provisions codified in this title, but saved any rights or liabilities then existing under said sections or parts thereof. R.S. Sec. 1012 as affected by act Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167 [section 880 of former Title 28, Judicial Code and Judiciary], provided that appeals from district courts shall be subject to the same rules, regulations, and restrictions as are or may be prescribed in law in cases of writs of error. This provision was repealed by act June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992. Section 2 of act Jan. 31, 1928, ch. 14, 45 Stat. 54, as amended Apr. 26, 1928, ch. 440, 45 Stat. 466; June 25, 1948, ch. 646, Sec. 23, 62 Stat. 990 [section 861b of former Title 28, Judicial Code and Judiciary], provided that: "All Acts of Congress referring to writs of error shall be construed as amended to the extent necessary to substitute appeal for writ of error." WRITS OF ERROR Act Jan. 31, 1928, ch. 14, Sec. 1, 45 Stat. 54 [section 861a of former Title 28, Judicial Code and Judiciary], provided that: "The writ of error in cases, civil and criminal, is abolished. All relief which heretofore [Jan. 31, 1928] could be obtained by writ of error shall hereafter be obtainable by appeal." This provision was omitted from the 1948 Revised Judicial Code as obsolete, and repealed by act June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992. TITLE 28 AS CONTINUATION OF EXISTING LAW; CHANGE OF NAME OF CIRCUIT COURTS OF APPEALS Section 2(b) of act June 25, 1948, ch. 646, 62 Stat. 985, provided that: "The provisions of Title 28, Judiciary and Judicial Procedure, of the United States Code, set out in section 1 of this Act, with respect to the organization of each of the several courts therein provided for and of the Administrative Office of the United States Courts, shall be construed as continuations of existing law, and the tenure of the judges, officers, and employees thereof and of the United States attorneys and marshals and their deputies and assistants, in office on the effective date of this Act [Sept. 1, 1948], shall not be affected by its enactment, but each of them shall continue to serve in the same capacity under the appropriate provisions of title 28, as set out in section 1 of this Act, pursuant to his prior appointment: Provided, however, That each circuit court of appeals shall, as in said title 28 set out, hereafter be known as a United States court of appeals. No loss of rights, interruption of jurisdiction, or prejudice to matters pending in any of such courts on the effective date of this Act shall result from its enactment." -SECREF- TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 5 section 8477; title 9 section 4; title 10 section 1054; title 11 section 105; title 12 section 2244; title 16 sections 18i, 558c, 742l, 823b, 3375; title 22 sections 2702, 4606, 6082; title 29 section 2897; title 38 section 7316; title 42 sections 233, 300g-3, 300i-1, 300j-23, 3789h, 5055, 8433; title 43 section 1737; title 48 sections 1424-4, 1614, 1821, 1824. -End- -CITE- 28 USC PART I - ORGANIZATION OF COURTS 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS -HEAD- PART I - ORGANIZATION OF COURTS -MISC1- Chap. Sec. 1. Supreme Court 1 3. Courts of appeals 41 5. District courts 81 6. Bankruptcy judges 151 7. United States Court of Federal Claims 171 [9. Repealed.] 11. Court of International Trade 251 13. Assignment of judges to other courts 291 15. Conferences and councils of judges 331 16. Complaints against judges and judicial discipline 351 17. Resignation and retirement of judges (!1) 371 19. Distribution of reports and digests 411 21. General provisions applicable to courts and judges 451 23. Civil justice expense and delay reduction plans 471 AMENDMENTS 2002 - Pub. L. 107-273, div. C, title I, Sec. 11042(b), Nov. 2, 2002, 116 Stat. 1855, added item for chapter 16. 1992 - Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516, substituted "United States Court of Federal Claims" for "United States Claims Court" in item for chapter 7. 1990 - Pub. L. 101-650, title I, Sec. 103(d), Dec. 1, 1990, 104 Stat. 5096, added item for chapter 23. 1984 - Pub. L. 98-353, title I, Sec. 104(b), July 10, 1984, 98 Stat. 342, added item for chapter 6. 1982 - Pub. L. 97-164, title I, Secs. 105(b), 106, Apr. 2, 1982, 96 Stat. 28, substituted "United States Claims Court" for "Court of Claims" in item for chapter 7 and struck out item for chapter 9 "Court of Customs and Patent Appeals". 1980 - Pub. L. 96-417, title V, Sec. 501(1), Oct. 10, 1980, 94 Stat. 1742, substituted "Court of International Trade" for "Customs Court" in item for chapter 11. 1978 - Pub. L. 98-598, title II, Sec. 201(b), Nov. 6, 1978, 92 Stat. 2660, directed amendment of analysis of chapters comprising part I by adding item for chapter 6 "Bankruptcy courts", which amendment did not become effective pursuant to section 402(b) of Pub. L. 95-598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. -EXEC- EXECUTIVE ORDER NO. 11992 Ex. Ord. No. 11992, May 24, 1977, 42 F.R. 27195, which established Committee on Selection of Federal Judicial Officers and provided for its membership, functions, etc., was revoked, and Committee terminated, by Ex. Ord. No. 12305, May 5, 1981, 46 F.R. 25421, set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees. -FOOTNOTE- (!1) Chapter heading amended by Pub. L. 92-397 without corresponding amendment of analysis. -End- -CITE- 28 USC CHAPTER 1 - SUPREME COURT 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 1 - SUPREME COURT -HEAD- CHAPTER 1 - SUPREME COURT -MISC1- Sec. 1. Number of justices; quorum. 2. Terms of court. 3. Vacancy in office of Chief Justice; disability. 4. Precedence of associate justices. 5. Salaries of justices. 6. Records of former court of appeals. -CROSS- RULES OF THE SUPREME COURT See Appendix to this title. -End- -CITE- 28 USC Sec. 1 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 1 - SUPREME COURT -HEAD- Sec. 1. Number of justices; quorum -STATUTE- The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 869.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 321 (Mar. 3, 1911, ch. 231, Sec. 215, 36 Stat. 1152). Appointment of "judges of the Supreme Court" by the President by and with the advice and consent of the Senate is provided by U.S. Constitution art. 2, Sec. 2, cl. 2. SHORT TITLE OF 2002 AMENDMENT Pub. L. 107-273, div. C, title I, Sec. 11020(a), Nov. 2, 2002, 116 Stat. 1826, provided that: "This section [enacting sections 1369, 1697, and 1785 of this title, amending sections 1391 and 1441 of this title, and enacting provisions set out as a note under section 1369 of this title] may be cited as the 'Multiparty, Multiforum Trial Jurisdiction Act of 2002'." Pub. L. 107-273, div. C, title I, Sec. 11041, Nov. 2, 2002, 116 Stat. 1848, provided that: "This subtitle [subtitle C (Secs. 11041-11044) of title I of div. C of Pub. L. 107-273, enacting chapter 16 of this title, amending sections 331, 332, 372, 375, and 604 of this title, and section 7253 of Title 38, Veterans' Benefits, and enacting provisions set out as a note under section 351 of this title] may be cited as the 'Judicial Improvements Act of 2002'." SHORT TITLE OF 2000 AMENDMENT Pub. L. 106-518, Sec. 1(a), Nov. 13, 2000, 114 Stat. 2410, provided that: "This Act [enacting sections 179 and 613 of this title, amending sections 117, 175, 332, 371, 376, 604, 611, 612, 627, 631, 636, 797, 996, 1865, 1930, and 2671 of this title, sections 3102 and 5551 of Title 5, Government Organization and Employees, section 1228 of Title 11, Bankruptcy, sections 3006A and 3401 of Title 18, Crimes and Criminal Procedure, and section 13n of former Title 40, Public Buildings, Property, and Works, repealing section 2520 of this title, enacting provisions set out as notes under sections 613, 996, and 1931 of this title, and amending provisions set out as notes under sections 471, 581, and 1931 of this title] may be cited as the 'Federal Courts Improvement Act of 2000'." SHORT TITLE OF 1998 AMENDMENT Pub. L. 105-315, Sec. 1, Oct. 30, 1998, 112 Stat. 2993, provided that: "This Act [amending sections 651 to 658 of this title, enacting provisions set out as notes under section 651 of this title, and repealing provisions set out as a note under section 652 of this title] may be cited as the 'Alternative Dispute Resolution Act of 1998'." SHORT TITLE OF 1996 AMENDMENT Pub. L. 104-317, Sec. 1(a), Oct. 19, 1996, 110 Stat. 3847, provided that: "This Act [enacting sections 258 and 1932 of this title, amending sections 112, 125, 134, 251, 253, 331, 332, 371, 376, 601, 621, 627, 636, 753, 954, 1332, 1404, 1406, 1442, 1446, 1827, 1914, 1931, and 1963 of this title, sections 3154, 3401, and 3603 of Title 18, Crimes and Criminal Procedure, sections 1983 and 1988 of Title 42, The Public Health and Welfare, and sections 719, 743, 745, 1104, and 1105 of Title 45, Railroads, enacting provisions set out as notes under sections 258, 1332, 1404, 1827, 1914, 1931, and 2412 of this title and section 719 of Title 45, and amending provisions set out as notes under sections 133, 152, 471, and 1913 of this title] may be cited as the 'Federal Courts Improvement Act of 1996'." SHORT TITLE OF 1994 AMENDMENTS Pub. L. 103-420, Sec. 1, Oct. 25, 1994, 108 Stat. 4343, provided that: "This Act [amending section 612 of this title, amending provisions set out as notes under sections 471 and 651 of this title, and repealing provisions set out as a note under section 651 of this title] may be cited as the 'Judicial Amendments Act of 1994'." Pub. L. 103-383, Sec. 1, Oct. 20, 1994, 108 Stat. 4063, provided that: "This Act [enacting section 1738B of this title and provisions set out as a note under section 1738B of this title] may be cited as the 'Full Faith and Credit for Child Support Orders Act'." Pub. L. 103-270, Sec. 1, June 30, 1994, 108 Stat. 732, provided that: "This Act [amending sections 591 to 596 and 599 of this title and enacting provisions set out as notes under section 591 of this title and section 113 of Title 3, The President] may be cited as the 'Independent Counsel Reauthorization Act of 1994'." SHORT TITLE OF 1992 AMENDMENTS Pub. L. 102-572, Sec. 1, Oct. 29, 1992, 106 Stat. 4506, provided that: "This Act [see Tables for classification] may be cited as the 'Federal Courts Administration Act of 1992'." Pub. L. 102-572, title IX, Sec. 901, Oct. 29, 1992, 106 Stat. 4516, provided that: "This title [see Tables for classification] may be cited as the 'Court of Federal Claims Technical and Procedural Improvements Act of 1992'." Pub. L. 102-559, Sec. 1, Oct. 28, 1992, 106 Stat. 4227, provided that: "This Act [enacting chapter 178 of this title and provisions set out as a note under section 3701 of this title] may be cited as the 'Professional and Amateur Sports Protection Act'." Pub. L. 102-417, Sec. 1, Oct. 14, 1992, 106 Stat. 2138, provided that: "This Act [amending section 1821 of this title and enacting provisions set out as a note under section 1821 of this title] may be cited as the 'Incarcerated Witness Fees Act of 1991'." Pub. L. 102-361, Sec. 1, Aug. 26, 1992, 106 Stat. 965, provided that: "This Act [amending section 152 of this title and enacting provisions set out as a note under section 152 of this title] may be cited as the 'Bankruptcy Judgeship Act of 1992'." SHORT TITLE OF 1990 AMENDMENTS Pub. L. 101-650, Sec. 1, Dec. 1, 1990, 104 Stat. 5089, provided: "That this Act [see Tables for classification] may be cited as the 'Judicial Improvements Act of 1990'." Pub. L. 101-650, title I, Sec. 101, Dec. 1, 1990, 104 Stat. 5089, provided that: "This title [enacting chapter 23 of this title and provisions set out as notes under section 471 of this title] may be cited as the 'Civil Justice Reform Act of 1990'." Pub. L. 101-650, title II, Sec. 201, Dec. 1, 1990, 104 Stat. 5098, provided that: "This title [amending sections 44 and 133 of this title and enacting provisions set out as notes under sections 44, 133, and 331 of this title] may be cited as the 'Federal Judgeship Act of 1990'." Pub. L. 101-650, title III, Sec. 301, Dec. 1, 1990, 104 Stat. 5104, provided that: "This title [enacting sections 178, 1367, and 1658 of this title and section 8440b of Title 5, Government Organization and Employees, amending sections 108, 112, 122, 133, 152, 158, 332, 333, 375, 376, 377, 601, 602, 604, 631, 636, 995, 996, 1334, 1391, 1441, 1452, 1499, 1605, 1610, 1821, 1871, and 2072 of this title, sections 8331, 8334, 8336, 8339, and 8402 of Title 5, provisions set out in the Appendix to Title 5, and section 305 of Title 11, Bankruptcy, renumbering section 15 of Title 9, Arbitration, as section 16 of Title 9, enacting provisions set out as notes under sections 376, 620, 631, 1367, and 1658 of this title, section 8331 of Title 5, section 307 of Title 11, and sections 3006A and 3551 of Title 18, Crimes and Criminal Procedure, and amending provisions set out as notes under sections 533 and 581 of this title] may be cited as the 'Federal Courts Study Committee Implementation Act of 1990'." Pub. L. 101-650, title IV, Sec. 401, Dec. 1, 1990, 104 Stat. 5122, provided that: "This title [amending sections 332, 372, 453, and 2077 of this title and provisions set out in the Appendix to Title 5, Government Organization and Employees, and enacting provisions set out as notes under sections 332 and 372 of this title] may be cited as the 'Judicial Discipline and Removal Reform Act of 1990'." Pub. L. 101-647, title XXXVI, Sec. 3601, Nov. 29, 1990, 104 Stat. 4933, provided that: "This title [enacting chapter 176 and section 2044 of this title, amending sections 550, 1962, 1963, and 2410 of this title, section 523 of Title 11, Bankruptcy, and sections 3142 and 3552 of Title 18, Crimes and Criminal Procedure, and enacting provisions set out as a note under section 3001 of this title] may be cited as the 'Federal Debt Collection Procedures Act of 1990'." SHORT TITLE OF 1988 AMENDMENTS Pub. L. 100-702, Sec. 1, Nov. 19, 1988, 102 Stat. 4642, provided that: "This Act [see Tables for classification] may be cited as the 'Judicial Improvements and Access to Justice Act'." Pub. L. 100-702, title VII, Sec. 701, Nov. 19, 1988, 102 Stat. 4654, provided that: "This title [amending section 1827 of this title and enacting provisions set out as notes under section 1827 of this title] may be cited as the 'Court Interpreter Amendments Act of 1988'." Pub. L. 100-694, Sec. 1, Nov. 18, 1988, 102 Stat. 4563, provided that: "This Act [enacting section 831c-2 of Title 16, Conservation, amending sections 2671, 2674, and 2679 of this title, and enacting provisions set out as notes under sections 2671 and 2679 of this title] may be cited as the 'Federal Employees Liability Reform and Tort Compensation Act of 1988'." Pub. L. 100-659, Sec. 1, Nov. 15, 1988, 102 Stat. 3910, provided that: "This Act [enacting section 377 of this title and section 8440a of Title 5, Government Organization and Employees, amending sections 155, 375, 376, 604, 631, and 636 of this title and sections 8334 and 8402 of Title 5, and enacting provisions set out as notes under sections 376 and 377 of this title] may be cited as the 'Retirement and Survivors' Annuities for Bankruptcy Judges and Magistrates Act of 1988'." SHORT TITLE OF 1987 AMENDMENT Pub. L. 100-191, Sec. 1, Dec. 15, 1987, 101 Stat. 1293, provided that: "This Act [enacting section 599 of this title, amending sections 49 and 591 to 598 of this title, sections 203 and 205 of Pub. L. 95-521, set out in the Appendix to Title 5, Government Organization and Employees, and section 202 of Title 18, Crimes and Criminal Procedure, enacting provisions set out as a note under section 591 of this title, and amending provisions set out as a note under section 591 of this title] may be cited as the 'Independent Counsel Reauthorization Act of 1987'." SHORT TITLE OF 1986 AMENDMENTS Pub. L. 99-657, Sec. 1, Nov. 14, 1986, 100 Stat. 3670, provided that: "This Act [amending sections 90 and 121 of this title and enacting provisions set out as a note under section 121 of this title] may be cited as the 'Judicial Housekeeping Act of 1986'." Pub. L. 99-570, Sec. 1151, Oct. 27, 1986, 100 Stat. 3207-12, provided that: "This subtitle [subtitle D (Secs. 1151-1153) of title I of Pub. L. 99-570, amending section 524 of this title, section 1963 of Title 18, Crimes and Criminal Procedure, section 1613a of Title 19, Customs Duties, and section 853 of Title 21, Food and Drugs, and repealing section 1613b of Title 19] may be cited as the 'Department of Justice Assets Forfeiture Fund Amendments Act of 1986'." Pub. L. 99-363, Sec. 1, July 11, 1986, 100 Stat. 770, provided that: "This Act [amending section 994 of this title] may be cited as the 'Sentencing Guidelines Act of 1986'." Pub. L. 99-336, Sec. 1, June 19, 1986, 100 Stat. 633, provided that: "This Act [amending sections 376, 620, 1441, 1914, and 2342 of this title, section 288d of Title 2, The Congress, and sections 8706, 8714a, 8714b, and 8714c of Title 5, Government Organization and Employees, and enacting provisions set out as notes under sections 376, 620, 1441, 1914, and 2342 of this title, and section 8706 of Title 5] may be cited as the 'Judicial Improvements Act of 1985'." SHORT TITLE OF 1984 AMENDMENTS Pub. L. 98-620, title IV, Sec. 404, Nov. 8, 1984, 98 Stat. 3361, provided that: "This subtitle [subtitle B (Secs. 404-411) of title IV of Pub. L. 98-620, amending sections 85, 90, 93, 112, 124, and 126 of this title and enacting provisions set out as notes under sections 85, 90, 93, and 124 of this title] may be cited as the 'Federal District Court Organization Act of 1984'." Pub. L. 98-620, title IV, prec. Sec. 412, Nov. 8, 1984, 98 Stat. 3362, provided that: "This subtitle [subtitle C (Secs. 412-416) of title IV of Pub. L. 98-620, enacting section 798 of this title, amending section 1292 of this title, section 1071 of Title 15, Commerce and Trade, section 1337 of Title 19, Customs Duties, and sections 142 to 144 of Title 35, Patents, and enacting provisions set out as notes under section 713 of this title and section 142 of Title 35] may be cited as the 'Technical Amendments to the Federal Courts Improvement Act of 1982'." For short title of Pub. L. 98-353 as the Bankruptcy Amendments and Federal Judgeship Act of 1984, see section 1 of Pub. L. 98-353, set out as a note under section 151 of this title. SHORT TITLE OF 1983 AMENDMENT Pub. L. 97-409, Sec. 1, Jan. 3, 1983, 96 Stat. 2039, provided: "That this Act [amending sections 49, 591, and 592 to 598 of this title and amending provisions set out as a note under section 591 of this title] may be cited as the 'Ethics in Government Act Amendments of 1982'." SHORT TITLE OF 1982 AMENDMENTS For short title of sections 2 to 6 of Pub. L. 97-394 as the Indian Claims Limitation Act of 1982, see section 1 of Pub. L. 97-394, set out as a note under section 2415 of this title. Pub. L. 97-292, Sec. 1, Oct. 12, 1982, 96 Stat. 1259, provided: "That this Act [amending section 534 of this title] may be cited as the 'Missing Children Act'." Pub. L. 97-164, Sec. 1

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