Online Attorney

Online Attorney

Personal-Injury-Law

Personal-Injury-Law





Online Attorney







TUTE- (a)(1) Based on the plans developed and implemented by the United States district courts designated as Early Implementation District Courts pursuant to section 103(c) of the Civil Justice Reform Act of 1990, the Judicial Conference of the United States may develop one or more model civil justice expense and delay reduction plans. Any such model plan shall be accompanied by a report explaining the manner in which the plan complies with section 473 of this title. (2) The Director of the Federal Judicial Center and the Director of the Administrative Office of the United States Courts may make recommendations to the Judicial Conference regarding the development of any model civil justice expense and delay reduction plan. (b) The Director of the Administrative Office of the United States Courts shall transmit to the United States district courts and to the Committees on the Judiciary of the Senate and the House of Representatives copies of any model plan and accompanying report. -SOURCE- (Added Pub. L. 101-650, title I, Sec. 103(a), Dec. 1, 1990, 104 Stat. 5094.) -REFTEXT- REFERENCES IN TEXT Section 103(c) of the Civil Justice Reform Act of 1990 [Pub. L. 101-650], referred to in subsec. (a)(1), is set out as a note under section 471 of this title. -End- -CITE- 28 USC Sec. 478 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 23 - CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PLANS -HEAD- Sec. 478. Advisory groups -STATUTE- (a) Within ninety days after the date of the enactment of this chapter, the advisory group required in each United States district court in accordance with section 472 of this title shall be appointed by the chief judge of each district court, after consultation with the other judges of such court. (b) The advisory group of a district court shall be balanced and include attorneys and other persons who are representative of major categories of litigants in such court, as determined by the chief judge of such court. (c) Subject to subsection (d), in no event shall any member of the advisory group serve longer than four years. (d) Notwithstanding subsection (c), the United States Attorney for a judicial district, or his or her designee, shall be a permanent member of the advisory group for that district court. (e) The chief judge of a United States district court may designate a reporter for each advisory group, who may be compensated in accordance with guidelines established by the Judicial Conference of the United States. (f) The members of an advisory group of a United States district court and any person designated as a reporter for such group shall be considered as independent contractors of such court when in the performance of official duties of the advisory group and may not, solely by reason of service on or for the advisory group, be prohibited from practicing law before such court. -SOURCE- (Added Pub. L. 101-650, title I, Sec. 103(a), Dec. 1, 1990, 104 Stat. 5094.) -REFTEXT- REFERENCES IN TEXT The date of the enactment of this chapter, referred to in subsec. (a), is the date of enactment of Pub. L. 101-650, which was approved Dec. 1, 1990. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 472, 473, 475 of this title. -End- -CITE- 28 USC Sec. 479 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 23 - CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PLANS -HEAD- Sec. 479. Information on litigation management and cost and delay reduction -STATUTE- (a) Within four years after the date of the enactment of this chapter, the Judicial Conference of the United States shall prepare a comprehensive report on all plans received pursuant to section 472(d) of this title. The Director of the Federal Judicial Center and the Director of the Administrative Office of the United States Courts may make recommendations regarding such report to the Judicial Conference during the preparation of the report. The Judicial Conference shall transmit copies of the report to the United States district courts and to the Committees on the Judiciary of the Senate and the House of Representatives. (b) The Judicial Conference of the United States shall, on a continuing basis - (1) study ways to improve litigation management and dispute resolution services in the district courts; and (2) make recommendations to the district courts on ways to improve such services. (c)(1) The Judicial Conference of the United States shall prepare, periodically revise, and transmit to the United States district courts a Manual for Litigation Management and Cost and Delay Reduction. The Director of the Federal Judicial Center and the Director of the Administrative Office of the United States Courts may make recommendations regarding the preparation of and any subsequent revisions to the Manual. (2) The Manual shall be developed after careful evaluation of the plans implemented under section 472 of this title, the demonstration program conducted under section 104 of the Civil Justice Reform Act of 1990, and the pilot program conducted under section 105 of the Civil Justice Reform Act of 1990. (3) The Manual shall contain a description and analysis of the litigation management, cost and delay reduction principles and techniques, and alternative dispute resolution programs considered most effective by the Judicial Conference, the Director of the Federal Judicial Center, and the Director of the Administrative Office of the United States Courts. -SOURCE- (Added Pub. L. 101-650, title I, Sec. 103(a), Dec. 1, 1990, 104 Stat. 5095.) -REFTEXT- REFERENCES IN TEXT The date of the enactment of this chapter, referred to in subsec. (a), is the date of enactment of Pub. L. 101-650, which was approved Dec. 1, 1990. Sections 104 and 105 of the Civil Justice Reform Act of 1990 [Pub. L. 101-650], referred to in subsec. (c)(2), are set out as notes under section 471 of this title. -End- -CITE- 28 USC Sec. 480 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 23 - CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PLANS -HEAD- Sec. 480. Training programs -STATUTE- The Director of the Federal Judicial Center and the Director of the Administrative Office of the United States Courts shall develop and conduct comprehensive education and training programs to ensure that all judicial officers, clerks of court, courtroom deputies, and other appropriate court personnel are thoroughly familiar with the most recent available information and analyses about litigation management and other techniques for reducing cost and expediting the resolution of civil litigation. The curriculum of such training programs shall be periodically revised to reflect such information and analyses. -SOURCE- (Added Pub. L. 101-650, title I, Sec. 103(a), Dec. 1, 1990, 104 Stat. 5095.) -End- -CITE- 28 USC Sec. 481 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 23 - CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PLANS -HEAD- Sec. 481. Automated case information -STATUTE- (a) The Director of the Administrative Office of the United States Courts shall ensure that each United States district court has the automated capability readily to retrieve information about the status of each case in such court. (b)(1) In carrying out subsection (a), the Director shall prescribe - (A) the information to be recorded in district court automated systems; and (B) standards for uniform categorization or characterization of judicial actions for the purpose of recording information on judicial actions in the district court automated systems. (2) The uniform standards prescribed under paragraph (1)(B) of this subsection shall include a definition of what constitutes a dismissal of a case and standards for measuring the period for which a motion has been pending. (c) Each United States district court shall record information as prescribed pursuant to subsection (b) of this section. -SOURCE- (Added Pub. L. 101-650, title I, Sec. 103(a), Dec. 1, 1990, 104 Stat. 5095.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 476 of this title. -End- -CITE- 28 USC Sec. 482 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 23 - CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PLANS -HEAD- Sec. 482. Definitions -STATUTE- As used in this chapter, the term "judicial officer" means a United States district court judge or a United States magistrate judge. -SOURCE- (Added Pub. L. 101-650, title I, Sec. 103(a), title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5096, 5117.) -CHANGE- CHANGE OF NAME "United States magistrate judge" substituted for "United States magistrate" in text pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of this title. -End- -CITE- 28 USC PART II - DEPARTMENT OF JUSTICE 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE -HEAD- PART II - DEPARTMENT OF JUSTICE -MISC1- Chap. Sec. 31. The Attorney General 501 33. Federal Bureau of Investigation 531 35. United States Attorneys 541 37. United States Marshals Service 561 39. United States Trustees 581 40. Independent Counsel 591 AMENDMENTS 2002 - Pub. L. 107-273, div. B, title IV, Sec. 4003(b)(6), Nov. 2, 2002, 116 Stat. 1812, inserted "Service" after "Marshals" in item for chapter 37. 1986 - Pub. L. 99-554, title I, Sec. 144(g)(2), Oct. 27, 1986, 100 Stat. 3097, substituted "40" for "39" in item relating to Independent Counsel. 1983 - Pub. L. 97-409, Sec. 2(a)(2), Jan. 3, 1983, 96 Stat. 2039, substituted "Independent Counsel" for "Special Prosecutor" in item for second chapter 39. 1978 - Pub. L. 95-598, title II, Sec. 224(b), Nov. 6, 1978, 92 Stat. 2664, added item for chapter 39, "United States Trustees", effective Oct. 1, 1979. Pub. L. 95-521, title VI, Sec. 601(b), Oct. 26, 1978, 92 Stat. 1873, added item for chapter 39 "Special Prosecutor". 1966 - Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 611, added items for chapters 31 and 33 and redesignated items for former chapters 31 and 33 as 35 and 37, respectively. -End- -CITE- 28 USC CHAPTER 31 - THE ATTORNEY GENERAL 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 31 - THE ATTORNEY GENERAL -HEAD- CHAPTER 31 - THE ATTORNEY GENERAL -MISC1- Sec. 501. Executive department. 502. Seal. 503. Attorney General. 504. Deputy Attorney General. 504a. Associate Attorney General. 505. Solicitor General. 506. Assistant Attorneys General. 507. Assistant Attorney General for Administration. 508. Vacancies. 509. Functions of the Attorney General. 510. Delegation of authority. 511. Attorney General to advise the President. 512. Attorney General to advise heads of executive departments. 513. Attorney General to advise Secretaries of military departments. 514. Legal services on pending claims in departments and agencies. 515. Authority for legal proceedings; commission, oath, and salary for special attorneys. 516. Conduct of litigation reserved to Department of Justice. 517. Interests of United States in pending suits. 518. Conduct and argument of cases. 519. Supervision of litigation. 520. Transmission of petitions in United States Court of Federal Claims or in United States Court of Appeals for the Federal Circuit; statement furnished by departments. 521. Publication and distribution of opinions. 522. Report of business and statistics. 523. Requisitions. 524. Availability of appropriations. 525. Procurement of law books, reference books, and periodicals; sale and exchange. 526. Authority of the Attorney General to investigate United States attorneys, marshals, trustees, clerks of court, and others.(!1) 527. Establishment of working capital fund. 528. Disqualification of officers and employees of the Department of Justice. 529. Annual report of Attorney General. 530. Payment of travel and transportation expenses of newly appointed special agents. 530A. Authorization of appropriations for travel and related expenses and for health care of personnel serving abroad. 530B. Ethical standards for attorneys for the Government. 530C. Authority to use available funds. 530D. Report on enforcement of laws. AMENDMENTS 2002 - Pub. L. 107-273, div. A, title II, Secs. 201(b), 202(b)(1), div. B, title IV, Sec. 4003(b)(5), Nov. 2, 2002, 116 Stat. 1771, 1774, 1811, in item 526, struck out "and" before "trustees", and added items 530C and 530D. 1998 - Pub. L. 105-277, div. A, Sec. 101(b) [title VIII, Sec. 801(b)], Oct. 21, 1998, 112 Stat. 2681-50, 2681-119, added item 530B. 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 520. 1988 - Pub. L. 100-690, title VI, Sec. 6281(b), Nov. 18, 1988, 102 Stat. 4369, added item 530A. 1983 - Pub. L. 98-86, Sec. 2, Aug. 26, 1983, 97 Stat. 492, added item 530. 1982 - Pub. L. 97-258, Sec. 2(g)(1)(A), Sept. 13, 1982, 96 Stat. 1060, substituted "Availability of appropriations" for "Appropriations for administrative expenses; notarial fees; meals and lodging of bailiffs" in item 524. Pub. L. 97-164, title I, Sec. 118(b), Apr. 2, 1982, 96 Stat. 33, substituted "United States Claims Court or in United States Court of Appeals for the Federal Circuit" for "Court of Claims" in item 520. 1978 - Pub. L. 95-598, title II, Sec. 219(c), Nov. 6, 1978, 92 Stat. 2662, inserted reference to trustees in item 526. Pub. L. 95-521, title VI, Sec. 603(b), Oct. 26, 1978, 92 Stat. 1875, added items 528 and 529. 1977 - Pub. L. 95-139, Sec. 1(b), Oct. 19, 1977, 91 Stat. 1171, added item 504a. 1975 - Pub. L. 93-613, Sec. 1(2), Jan. 2, 1975, 88 Stat. 1975, added item 527. 1966 - Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 611, substituted "THE ATTORNEY GENERAL" for "UNITED STATES ATTORNEYS" in chapter heading, "Executive Department" for "Appointment of United States attorneys" in item 501, "Seal" for "Appointment of assistant United States attorneys" in item 502, "Attorney General" for "Appointment of attorneys" in item 503, "Deputy Attorney General" for "Tenure and oath of office; removal" in item 504, "Solicitor General" for "Residence" in item 505, "Assistant Attorney General" for "Vacancies" in item 506, "Assistant Attorney General for Administration" for "Duties; supervision by Attorney General" in item 507, "Vacancies" for "Salaries" in item 508, "Functions of the Attorney General" for "Expenses" in item 509, "Delegation of authority" for "Clerical assistants and messengers" in item 510, and added items 511 to 526. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 463 of this title; title 42 section 7192. -FOOTNOTE- (!1) So in original. Does not conform to section catchline. -End- -CITE- 28 USC Sec. 501 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 31 - THE ATTORNEY GENERAL -HEAD- Sec. 501. Executive department -STATUTE- The Department of Justice is an executive department of the United States at the seat of Government. -SOURCE- (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 611.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large -------------------------------------------------------------------- 5 U.S.C. 291 R.S. Sec. 346 (less last 10 (less last 10 words). words). -------------------------------------------------------------------- The words "There shall be", referring to the establishment of the Department, are omitted as executed. PRIOR PROVISIONS A prior section 501, acts June 25, 1948, ch. 646, 62 Stat. 909; Mar. 18, 1959, Pub. L. 86-3, Sec. 11(a), 73 Stat. 9, related to appointment of United States attorneys, prior to repeal by Pub. L. 89-554, Sec. 8(a), and reenactment in section 541 of this title by section 4(c) of Pub. L. 89-554. SPECIFIC AUTHORIZATION OF APPROPRIATIONS REQUIRED FOR DEPARTMENT OF JUSTICE Pub. L. 94-503, title II, Sec. 204, Oct. 15, 1976, 90 Stat. 2427, provided that: "No sums shall be deemed to be authorized to be appropriated for any fiscal year beginning on or after October 1, 1978, for the Department of Justice (including any bureau, agency, or other similar subdivision thereof) except as specifically authorized by Act of Congress with respect to such fiscal year. Neither the creation of a subdivision in the Department of Justice, nor the authorization of an activity of the Department, any subdivision, or officer thereof, shall be deemed in itself to be an authorization of appropriations for the Department of Justice, such subdivision, or activity, with respect to any fiscal year beginning on or after October 1, 1978." -End- -CITE- 28 USC Sec. 502 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 31 - THE ATTORNEY GENERAL -HEAD- Sec. 502. Seal -STATUTE- The Attorney General shall have a seal for the Department of Justice. The design of the seal is subject to the approval of the President. -SOURCE- (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 611.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large -------------------------------------------------------------------- 5 U.S.C. 292. R.S. Sec. 353. -------------------------------------------------------------------- The section is rewritten to conform to other statutes authorizing departmental seals. The words "The seal heretofore provided for the office of the Attorney General shall be" are omitted as obsolete. PRIOR PROVISIONS A prior section 502, act June 25, 1948, ch. 646, 62 Stat. 909, related to appointment of assistant United States attorneys, prior to repeal by Pub. L. 89-554, Sec. 8(a), and reenactment in section 542 of this title by section 4(c) of Pub. L. 89-554. -End- -CITE- 28 USC Sec. 503 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 31 - THE ATTORNEY GENERAL -HEAD- Sec. 503. Attorney General -STATUTE- The President shall appoint, by and with the advice and consent of the Senate, an Attorney General of the United States. The Attorney General is the head of the Department of Justice. -SOURCE- (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 612.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large -------------------------------------------------------------------- 5 U.S.C. 291 R.S. Sec. 346 (last 10 words). (last 10 words). -------------------------------------------------------------------- The words "The President shall appoint, by and with the advice and consent of the Senate" have been added to conform the section with the Constitution. See article II, section 2, clause 2. PRIOR PROVISIONS A prior section 503, act June 25, 1948, ch. 646, 62 Stat. 909, related to appointment of attorneys to assist United States attorneys, prior to repeal by Pub. L. 89-554, Sec. 8(a), and reenactment in section 543 of this title by section 4(c) of Pub. L. 89-554. ACTIONS CHALLENGING APPOINTMENT OF ATTORNEY GENERAL ON GROUNDS OF VIOLATION OF CONSTITUTIONAL PROVISIONS GOVERNING COMPENSATION AND OTHER EMOLUMENTS Pub. L. 93-178, Sec. 2, Dec. 10, 1973, 87 Stat. 697, provided that: "(a) Any person aggrieved by an action of the Attorney General may bring a civil action in the appropriate district court to contest the constitutionality of the appointment and continuance in office of the Attorney General on the ground that such appointment and continuance in office is in violation of article I, section 6, clause 2, of the Constitution. The United States district courts shall have exclusive jurisdiction, without regard to the sum or value of the matter in controversy, to determine the validity of such appointment and continuance in office. "(b) Any action brought under this section shall be heard and determined by a panel of three judges in accordance with the provisions of section 2284 of title 28, United States Code. Any appeal from the action of a court convened pursuant to such section shall lie to the Supreme Court. "(c) Any judge designated to hear any action brought under this section shall cause such action to be in every way expedited." -End- -CITE- 28 USC Sec. 504 01/19/04 -EXPCITE- TITLE 28 - J

Online Attorney




Read this important disclaimer

If you experience unusual problems with this site please email the webmaster.

Copyright: David Matheny, 2006-2008.