PART I—ORGANIZATION OF COURTS
Editorial Notes
Amendments
2002—
1992—
1990—
1984—
1982—
1980—
1978—
Executive Documents
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which established Committee on Selection of Federal Judicial Officers and provided for its membership, functions, etc., was revoked, and Committee terminated, by Ex.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, formerly set out as a note under
1 Chapter heading amended by
CHAPTER 1 —SUPREME COURT
§1. Number of justices; quorum
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.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §321 (Mar. 3, 1911, ch. 231, §215,
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, §2, cl. 2.
Statutory Notes and Related Subsidiaries
Short Title of 2024 Amendment
Short Title of 2023 Amendment
Short Title of 2022 Amendment
Short Title of 2021 Amendment
Short Title of 2019 Amendment
Short Title of 2018 Amendment
Short Title of 2017 Amendment
Short Title of 2016 Amendment
Short Title of 2015 Amendment
Short Title of 2012 Amendment
Short Title of 2011 Amendment
Short Title of 2010 Amendment
Short Title of 2009 Amendment
Short Title of 2008 Amendment
Short Title of 2007 Amendment
Short Title of 2005 Amendments
Short Title of 2002 Amendment
Short Title of 2000 Amendment
Short Title of 1998 Amendment
Short Title of 1996 Amendment
Short Title of 1994 Amendments
Short Title of 1992 Amendments
Short Title of 1990 Amendments
Short Title of 1988 Amendments
Short Title of 1987 Amendment
Short Title of 1986 Amendments
Short Title of 1984 Amendments
For short title of
Short Title of 1983 Amendment
Short Title of 1982 Amendments
For short title of sections 2 to 6 of
Short Title of 1980 Amendments
Short Title of 1979 Amendment
For short title of
Short Title of 1978 Amendments
For short title of
Short Title of 1976 Amendments
Short Title of 1970 Amendment
Short Title of 1966 Amendment
Short Title of 1964 Amendment
Gifts to the United States Supreme Court
§2. Terms of court
The Supreme Court shall hold at the seat of government a term of court commencing on the first Monday in October of each year and may hold such adjourned or special terms as may be necessary.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §338 (Mar. 3, 1911, ch. 231, §230,
Minor changes in phraseology were made.
§3. Vacancy in office of Chief Justice; disability
Whenever the Chief Justice is unable to perform the duties of his office or the office is vacant, his powers and duties shall devolve upon the associate justice next in precedence who is able to act, until such disability is removed or another Chief Justice is appointed and duly qualified.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §323 (Mar. 3, 1911, ch. 231, §217,
The sentence, "This provision shall apply to every Associate Justice who succeeds to the office of Chief Justice", was omitted as covered by last portion of revised section.
Minor changes were made in phraseology.
For seniority of commissions, see
§4. Precedence of associate justices
Associate justices shall have precedence according to the seniority of their commissions. Justices whose commissions bear the same date shall have precedence according to seniority in age.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §322 (Mar. 3, 1911, ch. 231, §216,
Minor changes in phraseology were made.
§5. Salaries of justices
The Chief Justice and each associate justice shall each receive a salary at annual rates determined under section 225 of the Federal Salary Act of 1967 (
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §324 (Mar. 3, 1911, ch. 231, §218,
The provision "to be paid monthly" was omitted since the time of payment of salaries is a matter of administrative convenience. (See 20 Comp. Gen. 834.)
Minor changes in phraseology were made.
Editorial Notes
References in Text
Section 225 of the Federal Salary Act of 1967, referred to in text, is section 225 of
Amendments
1975—
1964—
1955—Act Mar. 2, 1955, increased salary of Chief Justice from $25,500 to $35,500 and salaries of Associate Justices from $25,000 to $35,000 a year.
Statutory Notes and Related Subsidiaries
Effective Date of 1964 Amendment
Amendment by
Effective Date of 1955 Amendment
Amendment by act Mar. 2, 1955, effective Mar. 1, 1955, see section 5 of act Mar. 2, 1955, set out as a note under
Statutory Notes and Executive Documents
Salary Increases
For adjustment of salaries of Chief Justice and Associate Justices under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under
For prior year salary increases per the recommendation of the President, see Prior Salary Recommendations notes under
For miscellaneous provisions dealing with adjustments of pay and limitations on use of funds to pay salaries in prior years, see notes under
Salary of Chief Justice increased from $20,500 to $25,500 a year, and salaries of associate justices increased from $20,000 to $25,000 a year, by act July 31, 1946, ch. 704, §1,
Salary of Chief Justice increased from $15,000 to $20,500 a year, and salaries of associate justices increased from $14,500 to $20,000 a year, by act Dec. 13, 1926, ch. 6, §1,
Salary of Chief Justice set at $15,000 a year and salaries of associate justices set at $14,500 a year by Judicial Code of 1911, act Mar. 3, 1911, ch. 231, §1,
§6. Records of former court of appeals
The records and proceedings of the court of appeals, appointed previous to the adoption of the Constitution, shall be kept until deposited with the National Archives of the United States in the office of the clerk of the Supreme Court, who shall furnish copies thereof to any person requiring and paying for them, in the manner provided by law for giving copies of the records and proceedings of the Supreme Court. Such copies shall have the same faith and credit as proceedings of the Supreme Court.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §329 (Mar. 3, 1911, ch. 231, §222,
In a letter dated August 8, 1944, the clerk of the Supreme Court advised that many of the early records mentioned in this section were destroyed by fire. Others are on file in the Clerk's office.
Minor changes in phraseology were made.
Editorial Notes
Amendments
1951—Act Oct. 25, 1951, inserted "until deposited with the National Archives of the United States" in first sentence.
CHAPTER 3 —COURTS OF APPEALS
Editorial Notes
Amendments
1983—
1978—
§41. Number and composition of circuits
The thirteen judicial circuits of the United States are constituted as follows:
| Circuits | Composition |
|---|---|
| District of Columbia | District of Columbia. |
| First | Maine, Massachusetts, New Hampshire, Puerto Rico, Rhode Island. |
| Second | Connecticut, New York, Vermont. |
| Third | Delaware, New Jersey, Pennsylvania, Virgin Islands. |
| Fourth | Maryland, North Carolina, South Carolina, Virginia, West Virginia. |
| Fifth | District of the Canal Zone, Louisiana, Mississippi, Texas. |
| Sixth | Kentucky, Michigan, Ohio, Tennessee. |
| Seventh | Illinois, Indiana, Wisconsin. |
| Eighth | Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota. |
| Ninth | Alaska, Arizona, California, Idaho, Montana, Nevada, Oregon, Washington, Guam, Hawaii. |
| Tenth | Colorado, Kansas, New Mexico, Oklahoma, Utah, Wyoming. |
| Eleventh | Alabama, Florida, Georgia. |
| Federal | All Federal judicial districts. |
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C. 1940 ed., §211, and
Form of section was simplified.
The District of Columbia was added as a separate circuit. This is in accord with the decision of the Supreme Court of the United States which held the Court of Appeals for the District of Columbia to be a circuit court of appeals within the Transfer Act of Sept. 14, 1922, ch. 305,
In recognizing the District of Columbia as a separate circuit, the Supreme Court recently used this language: "* * * the eleven circuits forming the single federal judicature * * *". Comm'r. v. Bedford's Estate, 65 S.Ct. 1157, at page 1160, 325 U.S. 283, 89 L.Ed. 611.
See
Many other acts of Congress have recognized the District of Columbia as a separate circuit. (See the following acts; Aug. 24, 1937, ch. 754,
See also the following acts recognizing the Court of Appeals for the District of Columbia as a circuit court of appeals: Aug. 15, 1921, ch. 64,
In the following cases the Supreme Court of the United States has recognized the status of the Court of Appeals of the District of Columbia as a permanent establishment within the federal judicial system: O'Donoghue v. United States, 1933, 53 S.Ct. 740, 289 U.S. 516, 77 L.Ed. 1356; Federal Trade Commission v. Klesner, 1927, 47 S.Ct. 557, 274 U.S. 145, 71 L.Ed. 972; Claiborne-Annapolis Ferry v. United States, 1932, 52 S.Ct. 440, 285 U.S. 382, 76 L.Ed. 808; United States v. California Canneries, 1929, 49 S.Ct. 423, 279 U.S. 553, 73 L.Ed. 838.
Alaska, Canal Zone, and Virgin Islands were added to the 9th, 5th, and 3rd Circuits, respectively, to conform to
Some of the provisions of
Editorial Notes
Amendments
1982—
1980—
1951—Act Oct. 31, 1951, inserted reference to Guam in that part relating to composition of Ninth judicial circuit.
Statutory Notes and Related Subsidiaries
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1980 Amendment
Termination of United States District Court for the District of the Canal Zone
For termination of the United States District Court for the District of the Canal Zone at end of the "transition period", being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of
Commission on Structural Alternatives for the Federal Courts of Appeals
Assignment of Judges and Procedure for Administration of Pending Cases With Regard to Reorganization of the Fifth Circuit Court of Appeals
"(1) is in Louisiana, Mississippi, or Texas is assigned as a circuit judge of the new fifth circuit; and
"(2) is in Alabama, Florida, or Georgia is assigned as a circuit judge of the eleventh circuit.
"(1) who is assigned under section 5 of this Act; or
"(2) who elects to be assigned under section 6 of this Act;
shall run from the date of commission of such judge as a judge of the former fifth circuit.
"(1) If the matter has been submitted for decision, further proceedings in respect of the matter shall be had in the same manner and with the same effect as if this Act [amending
"(2) If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which it would have gone had this Act been in full force and effect at the time such appeal was taken or other proceeding commenced, and further proceedings in respect of the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court.
"(3) A petition for rehearing or a petition for rehearing en banc in a matter decided before the effective date of this Act [Oct. 1, 1981], or submitted before the effective date of this Act and decided on or after the effective date as provided in paragraph (1) of this section, shall be treated in the same manner and with the same effect as though this Act had not been enacted. If a petition for rehearing en banc is granted, the matter shall be reheard by a court comprised as though this Act had not been enacted.
"(1) 'former fifth circuit' means the fifth judicial circuit of the United States as in existence on the day before the effective date of this Act [Oct. 1, 1981];
"(2) the term 'new fifth circuit' means the fifth judicial circuit of the United States established by the amendment made by section 2(2) of this Act [amending item relating to the fifth circuit in this section]; and
"(3) the term 'eleventh circuit' means the eleventh judicial circuit of the United States established by the amendment made by section 2(3) of this Act [adding item relating to the eleventh circuit in this section]."
Administrative Action by Fifth Circuit Court of Appeals; Termination of Court
Appeals Court Administrative Units
Northern Mariana Islands
Commission on Revision of the Federal Appellate System
Continuation of Organization of Court
Act June 25, 1948, ch. 646, §2(b),
§42. Allotment of Supreme Court justices to circuits
The Chief Justice of the United States and the associate justices of the Supreme Court shall from time to time be allotted as circuit justices among the circuits by order of the Supreme Court. The Chief Justice may make such allotments in vacation.
A justice may be assigned to more than one circuit, and two or more justices may be assigned to the same circuit.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §215 (Mar. 3, 1911, ch. 231, §119,
The authority of the Chief Justice in vacation to assign a circuit justice to more than one circuit was extended by omitting the phrase "whenever by reason of death or resignation, no Justice is allotted to a circuit."
The provision in
The last paragraph was added to make clear the intent of Congress that the powers of the Court to assign the justices among the several circuits should be completely flexible.
Changes were made in phraseology.
§43. Creation and composition of courts
(a) There shall be in each circuit a court of appeals, which shall be a court of record, known as the United States Court of Appeals for the circuit.
(b) Each court of appeals shall consist of the circuit judges of the circuit in regular active service. The circuit justice and justices or judges designated or assigned shall be competent to sit as judges of the court.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §212 (Mar. 3, 1911, ch. 231, §117,
The provision in
Words "with appellate jurisdiction, as hereinafter limited and established" were omitted as covered by
The term "court of appeals" was substituted in this section and throughout this title for the term "circuit court of appeals."
Provision for a quorum of the court is now covered by
Editorial Notes
Amendments
1963—Subsec. (b).
Statutory Notes and Related Subsidiaries
Change of Name of Court
Act June 25, 1948, ch. 646, §2(b),
§44. Appointment, tenure, residence and salary of circuit judges
(a) The President shall appoint, by and with the advice and consent of the Senate, circuit judges for the several circuits as follows:
| Circuits | Number of Judges |
|---|---|
| District of Columbia | 11 |
| First | 6 |
| Second | 13 |
| Third | 14 |
| Fourth | 15 |
| Fifth | 17 |
| Sixth | 16 |
| Seventh | 11 |
| Eighth | 11 |
| Ninth | 29 |
| Tenth | 12 |
| Eleventh | 12 |
| Federal | 12. |
(b) Circuit judges shall hold office during good behavior.
(c) Except in the District of Columbia, each circuit judge shall be a resident of the circuit for which appointed at the time of his appointment and thereafter while in active service. While in active service, each circuit judge of the Federal judicial circuit appointed after the effective date of the Federal Courts Improvement Act of 1982, and the chief judge of the Federal judicial circuit, whenever appointed, shall reside within fifty miles of the District of Columbia. In each circuit (other than the Federal judicial circuit) there shall be at least one circuit judge in regular active service appointed from the residents of each state 1 in that circuit.
(d) Each circuit judge shall receive a salary at an annual rate determined under section 225 of the Federal Salary Act of 1967 (
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §213, and sections 11–201, 11–202, District of Columbia Code, 1940 ed. (Feb. 9, 1893, ch. 74, §1,
This section includes the members of the United States Court of Appeals for the District of Columbia and designates them as "judges" rather than as "justices", thus harmonizing it with the provisions of
Act February 9, 1893, established a court of appeals for the District of Columbia to consist of one chief justice and two associate justices whose jurisdiction was almost entirely to review the judgments of the Supreme Court of the District of Columbia, the name of which was changed in 1936 to the District Court of the United States for the District of Columbia. Circuit courts were established by the first Judiciary Act of September 24, 1789, §4, and R.S. §608, enacted June 22, 1874. R.S. §605 provided that the words "circuit justice" and "justice of a circuit" should designate the justice of the Supreme Court of the United States allotted to any circuit; that "judge" when applied to any circuit included such justice.
The Judiciary Appropriation Act, 1945, Act June 26, 1944, ch. 277, §202,
Provisions in section 11–202 of the District of Columbia Code, 1940 ed., and
The exception in subsection (c) extends to circuit judges in the District of Columbia the effect of the recent decision in U.S. ex rel. Laughlin v. Eicher, D.C. 1944, 56 F.Supp. 972, holding that residence requirement of
The provision in section 213 of the title 28, U.S.C., 1940 ed., that "it shall be the duty of each circuit judge in each circuit to sit as one of the judges of the circuit court of appeals in that circuit from time to time according to law," was omitted as unnecessary since the duty to serve is implied by the creation and composition of the court in
Last sentence, providing that nothing in
Subsection (b) was added in conformity with the U.S. Constitution, art. 3.
Changes were made in phraseology.
References in Text
The effective date of the Federal Courts Improvement Act of 1982, referred to in subsec. (c), is the effective date of
Section 225 of the Federal Salary Act of 1967, referred to in subsec. (d), is section 225 of
Editorial Notes
Amendments
2008—Subsec. (a).
1997—Subsec. (c).
1991—Subsec. (c).
1990—Subsec. (a).
| Circuits | Former | New |
|---|---|---|
| Third | 12 | 14 |
| Fourth | 11 | 15 |
| Fifth | 16 | 17 |
| Sixth | 15 | 16 |
| Eighth | 10 | 11 |
| Tenth | 10 | 12 |
1984—Subsec. (a).
| Circuits | Former | New |
|---|---|---|
| District of Columbia | 11 | 12 |
| First | 4 | 6 |
| Second | 11 | 13 |
| Third | 10 | 12 |
| Fourth | 10 | 11 |
| Fifth | 14 | 16 |
| Sixth | 11 | 15 |
| Seventh | 9 | 11 |
| Eighth | 9 | 10 |
| Ninth | 23 | 28 |
| Tenth | 8 | 10 |
| Eleventh | 12 | 12 |
| Federal | 12 | 12 |
1982—Subsec. (a).
Subsec. (c).
1980—Subsec. (a).
1978—Subsec. (a).
| Circuits | Former | New |
|---|---|---|
| District of Columbia | 9 | 11 |
| First | 3 | 4 |
| Second | 9 | 11 |
| Third | 9 | 10 |
| Fourth | 7 | 10 |
| Fifth | 15 | 26 |
| Sixth | 9 | 11 |
| Seventh | 8 | 9 |
| Eighth | 8 | 9 |
| Ninth | 13 | 23 |
| Tenth | 7 | 8 |
1975—Subsec. (d).
1968—Subsec. (a).
1966—Subsec. (a).
1964—Subsec. (d).
1961—Subsec. (a).
1955—Subsec. (d). Act Mar. 2, 1955, increased the salary of circuit judges from "$17,500" a year to "$25,500".
1954—Subsec. (a). Act Feb. 10, 1954, increased the number of circuit judges in the Fifth Circuit from six to seven, and in the Ninth Circuit from seven to nine.
1949—Subsec. (a). Act Aug. 3, 1949, increased the number of circuit judges for the District of Columbia from six to nine, for the Third Circuit from six to seven, for the Seventh Circuit from five to six, and for the Tenth Circuit from four to five.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Effective Date of 1990 Amendment
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1964 Amendment
Amendment by
Effective Date of 1955 Amendment
Amendment by act Mar. 2, 1955, effective Mar. 1, 1955, see section 5 of act Mar. 2, 1955, set out as a note under
Nomination to Federal Judgeship on Nondiscriminatory Basis
Continued Service of Judges
Congressional Statement Regarding Appointment of Judges
"(1) takes notice of the fact that the quality of the Federal judiciary is determined by the competence and experience of its judges; and
"(2) suggests that the President, in nominating individuals to judgeships on the United States Court of Appeals for the Federal Circuit and the United States Claims Court [now United States Court of Federal Claims], select from a broad range of qualified individuals."
Salary Increases
For adjustment of salaries of circuit judges under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under
For prior year salary increases per the recommendation of the President, see Prior Salary Recommendations notes under
For miscellaneous provisions dealing with adjustments of pay and limitations on use of funds to pay salaries in prior years, see notes under
Salaries of circuit judges increased from $12,500 to $17,500 a year by act July 31, 1946, ch. 704, §1,
Salaries of circuit judges increased from $8,500 to $12,500 a year by act Dec. 13, 1926, ch. 6, §1,
Salaries of circuit judges increased from $7,000 to $8,500 a year by act Feb. 25, 1919, ch. 29, §1,
Salaries of circuit court judges set at $7,000 a year by the Judicial Code of 1911, act Mar. 3, 1911, ch. 231, §1,
Additional Judges
Since 1925, the appointment of additional judges was authorized by the following acts:
Second circuit. Act May 31, 1938, ch. 290, §1,
Third circuit. Act Aug. 3, 1949, ch. 387, §1,
Fifth circuit. Act Dec. 14, 1942, ch. 731,
Sixth circuit. Act May 24, 1940, ch. 209, §1,
Seventh circuit. Act Aug. 3, 1949, ch. 387, §1,
Eighth circuit. Act May 24, 1940, ch. 209, §1,
Ninth circuit. Act Apr. 14, 1937, ch. 80,
Tenth circuit. Act Aug. 3, 1949, ch. 387, §1,
District of Columbia Court of Appeals. Act Aug. 3, 1949, ch. 387, §1,
Act Feb. 28, 1929, ch. 363, §2,
Another part of act Feb. 10, 1954, ch. 6, §1,
"(1) Subject to the provisions of paragraph (2), the President shall appoint, by and with the advice and consent of the Senate, two additional circuit judges for the first circuit court of appeals, two additional circuit judges for the second circuit court of appeals, two additional circuit judges for the third circuit court of appeals, one additional circuit judge for the fourth circuit court of appeals, two additional circuit judges for the fifth circuit court of appeals, four additional circuit judges for the sixth circuit court of appeals, two additional circuit judges for the seventh circuit court of appeals, one additional circuit judge for the eighth circuit court of appeals, five additional circuit judges for the ninth circuit court of appeals, two additional circuit judges for the tenth circuit court of appeals, and one additional circuit judge for the District of Columbia circuit court of appeals.
"(2) The President shall appoint, by and with the advice and consent of the Senate, no more than 11 of such judges prior to January 21, 1985."
"(1) 2 additional circuit judges for the third circuit court of appeals;
"(2) 4 additional circuit judges for the fourth circuit court of appeals;
"(3) 1 additional circuit judge for the fifth circuit court of appeals;
"(4) 1 additional circuit judge for the sixth circuit court of appeals;
"(5) 1 additional circuit judge for the eighth circuit court of appeals; and
"(6) 2 additional circuit judges for the tenth circuit court of appeals."
Executive Documents
Executive Order No. 11972
Ex. Ord. No. 11972, Feb. 14, 1977, 42 F.R. 9659, as amended by Ex. Ord. No. 11993, May 24, 1977, 42 F.R. 27197, which related to the United States Circuit Judge Nominating Commission, was revoked by Ex. Ord. No. 12059, May 11, 1978, 43 F.R. 20949, formerly set out below.
Executive Order No. 12059
Ex. Ord. No. 12059, May 11, 1978, 43 F.R. 20949, as amended by Ex. Ord. No. 12097, Nov. 8, 1978, 43 F.R. 52455, which established the United States Circuit Judge Nominating Commission and provided for its membership, functions, etc., was revoked by Ex. Ord. No. 12305, May 5, 1981, 46 F.R. 25421, formerly set out as a note under
Ex. Ord. No. 13300. Facilitating the Administration of Justice in the Federal Courts
Ex. Ord. No. 13300, May 9, 2003, 68 F.R. 25807, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to promote the prompt appointment of judges to the Federal courts, it is hereby ordered as follows:
George W. Bush.
1 So in original. Probably should be capitalized.
§45. Chief judges; precedence of judges
(a)(1) The chief judge of the circuit shall be the circuit judge in regular active service who is senior in commission of those judges who—
(A) are sixty-four years of age or under;
(B) have served for one year or more as a circuit judge; and
(C) have not served previously as chief judge.
(2)(A) In any case in which no circuit judge meets the qualifications of paragraph (1), the youngest circuit judge in regular active service who is sixty-five years of age or over and who has served as circuit judge for one year or more shall act as the chief judge.
(B) In any case under subparagraph (A) in which there is no circuit judge in regular active service who has served as a circuit judge for one year or more, the circuit judge in regular active service who is senior in commission and who has not served previously as chief judge shall act as the chief judge.
(3)(A) Except as provided in subparagraph (C), the chief judge of the circuit appointed under paragraph (1) shall serve for a term of seven years and shall serve after expiration of such term until another judge is eligible under paragraph (1) to serve as chief judge of the circuit.
(B) Except as provided in subparagraph (C), a circuit judge acting as chief judge under subparagraph (A) or (B) of paragraph (2) shall serve until a judge has been appointed who meets the qualifications under paragraph (1).
(C) No circuit judge may serve or act as chief judge of the circuit after attaining the age of seventy years unless no other circuit judge is qualified to serve as chief judge of the circuit under paragraph (1) or is qualified to act as chief judge under paragraph (2).
(b) The chief judge shall have precedence and preside at any session of the court which he attends. Other circuit judges of the court in regular active service shall have precedence and preside according to the seniority of their commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age. The circuit justice, however, shall have precedence over all the circuit judges and shall preside at any session which he attends.
(c) If the chief judge desires to be relieved of his duties as chief judge while retaining his active status as circuit judge, he may so certify to the Chief Justice of the United States, and thereafter the chief judge of the circuit shall be such other circuit judge who is qualified to serve or act as chief judge under subsection (a).
(d) If a chief judge is temporarily unable to perform his duties as such, they shall be performed by the circuit judge in active service, present in the circuit and able and qualified to act, who is next in precedence.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on
Subsection (a), providing for "chief judge," is new. Such term is adopted to replace the term "senior circuit judge" in recognition of the great increase in administrative duties of such judge.
Subsection (b) conforms with
Other provisions of
Subsection (c) is new.
Subsection (d) is based on
The official status of the Chief Justice of the Court of Appeals for the District of Columbia holding office on the effective date of the act is preserved by section 2 of the bill to enact revised Title 28.
Changes were made in phraseology.
Editorial Notes
Amendments
1982—Subsec. (a).
Subsec. (b).
Subsec. (c).
1958—Subsec. (a).
1951—Subsec. (a). Act Oct. 31, 1951, inserted "in active service who is".
Statutory Notes and Related Subsidiaries
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1958 Amendment
Savings Provision
"(a) The amendments to
"(b) The provisions of
Appointment of Chief Judge of Court of Appeals for the Federal Circuit
Chief Judge of Court of Appeals for District of Columbia
Act June 25, 1948, ch. 646, §2(a),
§46. Assignment of judges; panels; hearings; quorum
(a) Circuit judges shall sit on the court and its panels in such order and at such times as the court directs.
(b) In each circuit the court may authorize the hearing and determination of cases and controversies by separate panels, each consisting of three judges, at least a majority of whom shall be judges of that court, unless such judges cannot sit because recused or disqualified, or unless the chief judge of that court certifies that there is an emergency including, but not limited to, the unavailability of a judge of the court because of illness. Such panels shall sit at the times and places and hear the cases and controversies assigned as the court directs. The United States Court of Appeals for the Federal Circuit shall determine by rule a procedure for the rotation of judges from panel to panel to ensure that all of the judges sit on a representative cross section of the cases heard and, notwithstanding the first sentence of this subsection, may determine by rule the number of judges, not less than three, who constitute a panel.
(c) Cases and controversies shall be heard and determined by a court or panel of not more than three judges (except that the United States Court of Appeals for the Federal Circuit may sit in panels of more than three judges if its rules so provide), unless a hearing or rehearing before the court in banc is ordered by a majority of the circuit judges of the circuit who are in regular active service. A court in banc shall consist of all circuit judges in regular active service, or such number of judges as may be prescribed in accordance with section 6 of
(d) A majority of the number of judges authorized to constitute a court or panel thereof, as provided in paragraph (c), shall constitute a quorum.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based in part on title 28, U.S.C., 1940 ed., §212 (Mar. 3, 1911, ch. 231, §117,
Subsections (a)–(c) authorize the establishment of divisions of the court and provide for the assignment of circuit judges for hearings and rehearings in banc.
The Supreme Court of the United States has ruled that, notwithstanding the three-judge provision of
The Supreme Court in upholding the unanimous view of the five judges as to their right to sit in banc, notwithstanding the contrary opinion in Langs Estate v. Commissioner of Internal Revenue, 1938, 97 F.2d 867, said in the Textile Mills case: "There are numerous functions of the court, as a 'court of record, with appellate jurisdiction', other than hearing and deciding appeals. Under the Judicial Code these embrace: prescribing the form of writs and other process and the form and style of its seal (
This section preserves the interpretation established by the Textile Mills case but provides in subsection (c) that cases shall be heard by a court of not more than three judges unless the court has provided for hearing in banc. This provision continues the tradition of a three-judge appellate court and makes the decision of a division, the decision of the court, unless rehearing in banc is ordered. It makes judges available for other assignments, and permits a rotation of judges in such manner as to give to each a maximum of time for the preparation of opinions.
Whether divisions should sit simultaneously at the same or different places in the circuit is a matter for each court to determine.
Editorial Notes
References in Text
Section 6 of
Amendments
1996—Subsec. (c).
1982—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
1978—
Subsec. (c).
1963—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1982 Amendment
Amendment by
§47. Disqualification of trial judge to hear appeal
No judge shall hear or determine an appeal from the decision of a case or issue tried by him.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §216, and District of Columbia Code, 1940 ed., §11–205 (Feb. 9, 1893, ch. 74, §6,
The provision in section 11–205 of the District of Columbia Code, 1940 ed., that a justice of the district court while on the bench of the Court of Appeals in the District of Columbia shall not sit in review of judgment, order, or decree rendered by him below, was consolidated with a similar provision of
References in said section 11–205 to the power to prescribe rules, requisites of record on appeal, forms of bills of exception, and procedure on appeal, were omitted as covered by Rules 73, 75, 76, of the Federal Rules of Civil Procedure and by Rule 51 of the Federal Rules of Criminal Procedure.
Said section 11–205 contained a provision that on a divided opinion by the Court of Appeals for the District of Columbia the decision of the lower court should stand affirmed. This was omitted as unnecessary as merely expressing a well-established rule of law.
Other provisions of said section 11–205 are incorporated in
The provision of
Specific reference in said section 216 to the Chief Justice of the United States was likewise omitted inasmuch as he sits as a circuit justice.
The provision of said section 216 with respect to assignment of district judges was omitted as covered by
Provision of said section 216 relating to presiding judge was omitted as covered by
§48. Terms of court
(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.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §223 and §11–205 District of Columbia Code, 1940 ed. (Feb. 9, 1893, ch. 74, §6,
This section consolidates
Reference to San Juan as a place for holding court in the First Circuit was omitted. The revised section will permit the holding of terms at San Juan when the public interest requires.
The phrase "and at such other places within the respective circuits as may be designated by rule of court" was added to enable each court of appeals to hold such additional regular terms as changing circumstances might require.
The provisions of such section 223, for furnishing suitable rooms and accommodation at Oakland City, were omitted as obsolete since the erection of a new Federal building there.
The provisions as to fixed times for holding court in the Fifth Circuit was omitted as inconsistent with the practice in the other circuits. Words "San Francisco, Los Angeles, Portland, Seattle" were substituted for "San Francisco and two other places designated by the court" to conform with the practice in the Ninth Circuit.
Changes were made in phraseology.
Senate Revision Amendment
By Senate amendment, Jacksonville (Fla.) was added as a place for holding a regular session of the Court of Appeals for the Fifth Circuit. See 80th Congress Senate Report No. 1559.
Editorial Notes
Amendments
2005—Subsecs. (e), (f).
1992—Subsec. (c).
1982—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
1980—
1951—Act Oct. 31, 1951, inserted last par.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Survey of Judicial Business in Alaska
§49. Assignment of judges to division to appoint independent counsels
(a) Beginning with the two-year period commencing on the date of the enactment of this section, three judges or justices shall be assigned for each successive two-year period to a division of the United States Court of Appeals for the District of Columbia to be the division of the court for the purpose of appointing independent counsels. The Clerk of the United States Court of Appeals for the District of Columbia Circuit shall serve as the clerk of such division of the court and shall provide such services as are needed by such division of the court.
(b) Except as provided under subsection (f) of this section, assignment to such division of the court shall not be a bar to other judicial assignments during the term of such division.
(c) In assigning judges or justices to sit on such division of the court, priority shall be given to senior circuit judges and retired justices.
(d) The Chief Justice of the United States shall designate and assign three circuit court judges or justices, one of whom shall be a judge of the United States Court of Appeals for the District of Columbia, to such division of the court. Not more than one judge or justice or senior or retired judge or justice may be named to such division from a particular court.
(e) Any vacancy in such division of the court shall be filled only for the remainder of the two-year period in which such vacancy occurs and in the same manner as initial assignments to such division were made.
(f) Except as otherwise provided in
(Added
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsec. (a), is Oct. 26, 1978.
Amendments
1987—Subsec. (a).
Subsec. (f).
1986—Subsec. (f).
1983—
Subsec. (a).
Subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by
Effective Date
Section effective Oct. 26, 1978, see section 604 of
CHAPTER 5 —DISTRICT COURTS
Historical and Revision Notes
All references to fixed terms of holding court were also omitted in order to vest in each district court a wider discretion and greater flexibility in the disposition of its business. Such times will now be determined by rule of court rather than by statute. See
Editorial Notes
Amendments
1982—
1963—
1958—
Statutory Notes and Related Subsidiaries
Short Title of 1978 Amendment
For short title of
Pro Bono Work To Empower and Represent Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Pro bono Work to Empower and Represent Act of 2018' or the 'POWER Act'.
"SEC. 2. FINDINGS.
"Congress finds the following:
"(1) Extremely high rates of domestic violence, dating violence, sexual assault, and stalking exist at the local, State, tribal, and national levels and such violence or behavior harms the most vulnerable members of our society.
"(2) According to a study commissioned by the Department of Justice, nearly 25 percent of women suffer from domestic violence during their lifetime.
"(3) Proactive efforts should be made available in all forums to provide pro bono legal services and eliminate the violence that destroys lives and shatters families.
"(4) A variety of factors cause domestic violence, dating violence, sexual assault, and stalking, and a variety of solutions at the local, State, and national levels are necessary to combat such violence or behavior.
"(5) According to the National Network to End Domestic Violence, which conducted a census including almost 1,700 assistance programs, over the course of 1 day in September 2014, more than 10,000 requests for services, including legal representation, were not met.
"(6) Pro bono assistance can help fill this need by providing not only legal representation, but also access to emergency shelter, transportation, and childcare.
"(7) Research and studies have demonstrated that the provision of legal assistance to victims of domestic violence, dating violence, sexual assault, and stalking reduces the probability of such violence or behavior reoccurring in the future and can help survivors move forward.
"(8) Legal representation increases the possibility of successfully obtaining a protective order against an attacker, which prevents further mental and physical injury to a victim and his or her family, as demonstrated by a study that found that 83 percent of victims represented by an attorney were able to obtain a protective order, whereas only 32 percent of victims without an attorney were able to do so.
"(9) The American Bar Association Model Rules include commentary stating that 'every lawyer, regardless of professional prominence or professional workload, has a responsibility to provide legal services to those unable to pay, and personal involvement in the problems of the disadvantaged can be one of the most rewarding experiences in the life of a lawyer'.
"(10) As leaders in their legal communities, judges in district courts should encourage lawyers to provide pro bono resources in an effort to help victims of such violence or behavior escape the cycle of abuse.
"(11) A dedicated army of pro bono attorneys focused on this mission will inspire others to devote efforts to this cause and will raise awareness of the scourge of domestic violence, dating violence, sexual assault, and stalking throughout the country.
"(12) Communities, by providing awareness of pro bono legal services and assistance to survivors of domestic violence, dating violence, sexual assault, and stalking, will empower those survivors to move forward with their lives.
"SEC. 3. DISTRICT COURTS TO PROMOTE EMPOWERMENT EVENTS.
"(a)
"(b)
"(c)
"(1) have discretion as to the design, organization, and implementation of the public events required under subsection (a); and
"(2) in conducting a public event under subsection (a), seek to maximize the local impact of the event and the provision of access to high quality pro bono legal services by survivors of domestic violence, dating violence, sexual assault, and stalking.
"SEC. 4. REPORTING REQUIREMENTS.
"(a)
"(b)
"(1)
"(2)
"SEC. 5. FUNDING.
"The Administrative Office of the United States Courts shall use existing funds to carry out the requirements of this Act."
§81. Alabama
Alabama is divided into three judicial districts to be known as the Northern, Middle, and Southern Districts of Alabama.
Northern District
(a) The Northern District comprises five divisions.
(1) The Northwestern Division comprises the counties of Colbert, Franklin, Lauderdale, and Lawrence.
Court for the Northwestern Division shall be held at Florence.
(2) The Northeastern Division comprises the counties of Cullman, Jackson, Limestone, Madison, Marshall, and Morgan.
Court for the Northeastern Division shall be held at Huntsville.
(3) The Southern Division comprises the counties of Blount, Jefferson, and Shelby.
Court for the Southern Division shall be held at Birmingham.
(4) The Eastern Division comprises the counties of Calhoun, Cherokee, Clay, Cleburne, DeKalb, Etowah, Saint Clair, and Talladega.
Court for the Eastern Division shall be held at Anniston.
(5) The Western Division comprises the counties of Bibb, Fayette, Greene, Lamar, Marion, Pickens, Sumter, Tuscaloosa, Walker, and Winston.
Court for the Western Division shall be held at Tuscaloosa.
Middle District
(b) The Middle District comprises three divisions.
(1) The Northern Division comprises the counties of Autauga, Barbour, Bullock, Butler, Chilton, Coosa, Covington, Crenshaw, Elmore, Lowndes, Montgomery, and Pike.
Court for the Northern Division shall be held at Montgomery.
(2) The Southern Division comprises the counties of Coffee, Dale, Geneva, Henry, and Houston.
Court for the Southern Division shall be held at Dothan.
(3) The Eastern Division comprises the counties of Chambers, Lee, Macon, Randolph, Russell, and Tallapoosa.
Court for the Eastern Division shall be held at Opelika.
Southern District
(c) The Southern District comprises two divisions.
(1) The Northern Division comprises the counties of Dallas, Hale, Marengo, Perry, and Wilcox.
Court for the Northern Division shall be held at Selma.
(2) The Southern Division comprises the counties of Baldwin, Choctaw, Clarke, Conecuh, Escambia, Mobile, Monroe, and Washington.
Court for the Southern Division shall be held at Mobile.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed. §142 (Mar. 3, 1911, ch. 231, §70,
Provisions relating to the places for the maintenance of the clerks' offices were omitted as covered by
Provisions that the offices of the court shall be kept open at all times were omitted as covered by
A provision requiring the district judge for the northern district to reside at Birmingham was omitted as incongruous with
The provisions for furnishing rooms and accommodations at Florence, Gadsden, Jasper and Opelika were omitted as obsolete upon advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available in each of these places.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
2024—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(4).
Subsec. (a)(5).
Subsec. (a)(6).
"Court for the Middle Division shall be held at Gadsden."
Subsec. (a)(7).
"Court for the Jasper Division shall be held at Jasper."
1961—Subsec. (a)(2).
§81A. Alaska
Alaska constitutes one judicial district.
Court shall be held at Anchorage, Fairbanks, Juneau, Ketchikan, and Nome.
(Added
Editorial Notes
Amendments
1959—
Statutory Notes and Related Subsidiaries
Effective Date of 1959 Amendment
Section 12 of
Continuation of Suits
"All civil causes of action and all criminal offenses which shall have arisen or been committed prior to the admission of said State, but as to which no suit, action, or prosecution shall be pending at the date of such admission, shall be subject to prosecution in the appropriate State courts or in the United States District Court for the District of Alaska in like manner, to the same extent, and with like right of appellate review, as if said State had been created and said courts had been established prior to the accrual of said causes of action or the commission of such offenses; and such of said criminal offenses as shall have been committed against the laws of the Territory shall be tried and punished by the appropriate courts of said State, and such as shall have been committed against the laws of the United States shall be tried and punished in the United States District Court for the District of Alaska."
Appeals
Transfer of Cases
Succession of Courts
Pending Cases
Termination of Jurisdiction of District Court for the Territory of Alaska
Schedule of Fees, Mileage, or Other Compensation
Executive Documents
Ex. Ord. No. 10867. Assumption of Functions by United States District Court for District of Alaska
Ex. Ord. No. 10867, Feb. 20, 1960, 25 F.R. 1584, provided:
WHEREAS the act of July 7, 1958,
WHEREAS that act further provides that its provisions relating to the termination of the jurisdiction of the District Court for the Territory of Alaska, the continuation of suits, the succession of courts, and the satisfaction of the rights of litigants in suits before such courts shall not be effective until the expiration of the above-mentioned three-year period or until such Executive order is issued; and that the tenure of the judges, the United States Attorneys, Marshals, and other officers of the United States District Court for the Territory of Alaska shall terminate at such time as that court shall cease to function; and
WHEREAS, I have appointed, by and with the advice and consent of the Senate, and commissioned the Honorable Walter N. Hodge to be United States District Judge for the District of Alaska, and he has taken his oath of office; and
WHEREAS Judge Hodge has appointed an acting United States Attorney, an acting United States Marshal, and other court officers; and
WHEREAS the United States District Court for the District of Alaska is now prepared to assume the functions imposed upon it:
NOW, THEREFORE, by virtue of the authority vested in me by section 18 of the said act of July 7, 1958 [set out above], I hereby proclaim that the United States District Court for the District of Alaska is prepared to assume the functions imposed upon it. Accordingly, the jurisdiction of the District Court for the Territory of Alaska and the tenure of the judges, the United States Attorneys, Marshals, and other officers of that court are now terminated.
Dwight D. Eisenhower.
§82. Arizona
Arizona constitutes one judicial district.
Court shall be held at Flagstaff, Globe, Phoenix, Prescott, Tucson, and Yuma.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §143 (June 20, 1910, ch. 310, §31,
A provision for transfer of causes, civil or criminal, from one place for holding court to another was omitted. Such provision, as to civil cases, is covered by
A provision for making an interlocutory order at any place designated for holding court was omitted as unnecessary in view of Federal Rules of Civil Procedure, rule 77(b).
A provision requiring the clerk to keep his office at the State capital was omitted as covered by
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
2019—
§83. Arkansas
Arkansas is divided into two judicial districts to be known as the Eastern and Western Districts of Arkansas.
Eastern District
(a) The Eastern District comprises three divisions.
(1) The Central Division comprises the counties of Cleburne, Cleveland, Conway, Dallas, Drew, Faulkner, Grant, Jefferson, Lincoln, Lonoke, Perry, Pope, Prairie, Pulaski, Saline, Stone, Van Buren, White, and Yell.
Court for the Central Division shall be held at Little Rock.
(2) The Delta Division comprises the counties of Arkansas, Chicot, Crittenden, Desha, Lee, Monroe, Phillips, and St. Francis.
Court for the Delta Division shall be held at Helena.
(3) The Northern Division comprises the counties of Clay, Craighead, Cross, Fulton, Greene, Independence, Izard, Jackson, Lawrence, Mississippi, Poinsett, Randolph, Sharp, and Woodruff.
Court for the Northern Division shall be held at Jonesboro.
Western District
(b) The Western District comprises six divisions.
(1) The Texarkana Division comprises the counties of Hempstead, Howard, Lafayette, Little River, Miller, Nevada, and Sevier.
Court for the Texarkana Division shall be held at Texarkana, and may be held anywhere within the Federal courthouse in Texarkana that is located astride the State line between Texas and Arkansas.
(2) The El Dorado Division comprises the counties of Ashley, Bradley, Calhoun, Columbia, Ouachita, and Union.
Court for the El Dorado Division shall be held at El Dorado.
(3) The Fort Smith Division comprises the counties of Crawford, Franklin, Johnson, Logan, Polk, Scott, and Sebastian.
Court for the Fort Smith Division shall be held at Fort Smith.
(4) The Harrison Division comprises the counties of Baxter, Boone, Carroll, Marion, Newton, and Searcy.
Court for the Harrison Division shall be held at Harrison.
(5) The Fayetteville Division comprises the counties of Benton, Madison, and Washington.
Court for the Fayetteville Division shall be held at Fayetteville.
(6) The Hot Springs Division comprises the counties of Clark, Garland, Hot Springs, Montgomery, and Pike.
Court for the Hot Springs Division shall be held at Hot Springs.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §144 (Mar. 3, 1911, ch. 231, §71,
A provision making inoperative the terms of the last paragraph of this section, whenever court accommodations shall be provided in Federal buildings was omitted as unnecessary. When such buildings become available the Director of the Administrative Office of the United States Courts will, under
Provisions relating to places for maintenance of clerks' offices and requiring said offices to be kept open at all times were omitted as covered by
The provision authorizing the referee in bankruptcy for the western division of the eastern district to serve by appointment in the Hot Springs division of the western district is to be transferred to title 11, U.S.C., 1940 ed., Bankruptcy.
The provision with reference to court accommodations at Fayetteville and Hot Springs was omitted as covered by
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
2019—Subsec. (a).
2004—Subsec. (b)(1).
1961—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
§84. California
California is divided into four judicial districts to be known as the Northern, Eastern, Central, and Southern Districts of California.
Northern District
(a) The Northern District comprises the counties of Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, Santa Clara, Santa Cruz, San Francisco, San Mateo, and Sonoma.
Court for the Northern District shall be held at Eureka, Oakland, San Francisco, and San Jose.
Eastern District
(b) The Eastern District comprises the counties of Alpine, Amador, Butte, Calaveras, Colusa, El Dorado, Fresno, Glenn, Inyo, Kern, Kings, Lassen, Madera, Mariposa, Merced, Modoc, Mono, Nevada, Placer, Plumas, Sacramento, San Joaquin, Shasta, Sierra, Siskiyou, Solano, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba.
Court for the Eastern District shall be held at Bakersfield, Fresno, Redding, and Sacramento.
Central District
(c) The Central District comprises 3 divisions.
(1) The Eastern Division comprises the counties of Riverside and San Bernardino.
Court for the Eastern Division shall be held at a suitable site in the city of Riverside, the city of San Bernardino, or not more than 5 miles from the boundary of either such city.
(2) The Western Division comprises the counties of Los Angeles, San Luis Obispo, Santa Barbara, and Ventura.
Court for the Western Division shall be held at Los Angeles.
(3) The Southern Division comprises Orange County.
Court for the Southern Division shall be held at Santa Ana.
Southern District
(d) The Southern District comprises the counties of Imperial and San Diego.
Court for the Southern District shall be held at San Diego.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §145 and
A provision relating to the place for maintenance of a clerk's office, and requiring such office to be kept open at all times, was omitted as covered by
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
2014—Subsec. (b).
1992—Subsec. (c).
"Court for the Central District shall be held at Los Angeles and Santa Ana."
1980—Subsec. (c).
1966—
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
"(a)
"(b)
"(c)
Effective Date of 1980 Amendment; Savings Provision
"(a) This Act and the amendments made by this Act [amending this section and
"(b) Nothing in this Act shall affect the composition or preclude the service of any grand or petit juror summoned, empaneled, or actually serving in any judicial district on the effective date of this Act [Oct. 1, 1981]."
Effective Date of 1966 Amendment
Congressional Findings Concerning Creation of Three Divisions in Central District
"(1) The Federal Government has the responsibility to provide quality services which are readily accessible to the people it serves.
"(2) The court facilities in the Central Judicial District of California are presently inadequate, and current and projected growth exacerbates the problem.
"(3) The population demographics of southern California have changed dramatically over the last decade, as the center of population shifts inland. Between 1980 and 1990, the population of Riverside County increased 76.5 percent, and San Bernardino County's population increased 58.5 percent, to a combined population of 2,600,000.
"(4) In the next 15 years, the population in Riverside and San Bernardino Counties is expected to increase again by 70 percent, and 67 percent, respectively. By the year 2005, Riverside and San Bernardino Counties will have 4,400,000 residents.
"(5) As a result of the population growth, the freeways connecting the Pacific coast and the inland areas are tremendously overburdened, and Federal offices along the coast are no longer accessible to the residents of Riverside and San Bernardino Counties.
"(6) The creation of 3 divisions in the Central Judicial District of California is urgently needed to provide for the delivery of judicial services to all areas and all residents of the Central Judicial District of California."
Study of Judicial Business in Central District, California and Eastern District, New York and Recommendations for Creation of New Judicial Districts
Creation of Eastern and Central Districts: Transfer of District Judges; Transfer and Appointment of United States Attorneys and United States Marshals
"(b) The two district judges for the northern district of California holding office on the day before the effective date of this section [see Effective Date of 1966 Amendment note above] and whose official station is Sacramento shall, on and after such date, be district judges for the eastern district of California. All other district judges for the northern district of California holding office on the day before the effective date of this section shall, on and after such date, be district judges for the northern district of California.
"(c) The district judge for the southern district of California, residing in the northern division thereof and holding office on the day before the effective date of this section [see Effective Date of 1966 Amendment note above], shall, on and after such date, be a district judge for the eastern district of California. The two district judges for the southern district of California holding office on the day before the effective date of this section [see Effective Date of 1966 Amendment note above], and whose official station is San Diego shall, on and after such date, be the district judges for the southern district of California. All other district judges for the southern district of California holding office on the day before the effective date of this section shall, on and after such date, be district judges for the central district of California.
"(d) Nothing in this Act [amending this section and
"(e) Nothing in this Act [amending this section and
"(f) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and a United States marshal for the southern district of California.
"(g) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and a United States marshal for the eastern district of California."
§85. Colorado
Colorado constitutes one judicial district.
Court shall be held at Boulder, Colorado Springs, Denver, Durango, Grand Junction, Montrose, Pueblo, and Sterling.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §146 (Mar. 3, 1911, ch. 231, §73,
A provision for furnishing rooms and accommodations at Sterling was omitted as obsolete upon advice from the Director of the Administrative Office of the United States Courts that Federal accommodations are now available.
A provision authorizing adjournment at Denver when there is not business for terms at other places, is incorporated in
Provisions as to clerk's and marshal's deputies and maintenance of offices were deleted as covered by sections 541 [see 561], 542 [see 561], and 751 of this title.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
2004—Pub. L.
1984—
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
"(a) The amendments made by this subtitle [subtitle B (§§404–411) of title IV of
"(b) The amendments made by this subtitle shall not affect the composition, or preclude the service, of any grand or petit jury summoned, impaneled, or actually serving on the effective date of this subtitle [Jan. 1, 1985]."
§86. Connecticut
Connecticut constitutes one judicial district.
Court shall be held at Bridgeport, Hartford, New Haven, New London, and Waterbury.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §147 (Mar. 3, 1911, ch. 231, §74,
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1966—
1961—
§87. Delaware
Delaware constitutes one judicial district.
Court shall be held at Wilmington.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §148 (Mar. 3, 1911, ch. 231, §75,
Minor changes in phraseology were made.
§88. District of Columbia
The District of Columbia constitutes one judicial district.
Court shall be held at Washington.
(June 25, 1948, ch. 646,
Historical and Revision Notes
This section expressly makes the District of Columbia a judicial district of the United States.
Section 11–305 of the District of Columbia Code, 1940 ed., provides that the District Court of the United States for the District of Columbia shall possess the same powers and exercise the same jurisdiction as the district courts of the United States, and shall be deemed a court of the United States.
It is consonant with the ruling of the Supreme Court in O'Donoghue v. United States, 1933, 53 S.Ct. 740, 289 U.S. 516, 77 L.Ed. 1356, that the (then called) Supreme Court and Court of Appeals of the District of Columbia are constitutional courts of the United States, ordained and established under article III of the Constitution, Congress enacted that the Court of Appeals "shall hereafter be known as the United States Court of Appeals for the District of Columbia" (Act of June 7, 1934,
§89. Florida
Florida is divided into three judicial districts to be known as the Northern, Middle, and Southern Districts of Florida.
Northern District
(a) The Northern District comprises the counties of Alachua, Bay, Calhoun, Dixie, Escambia, Franklin, Gadsden, Gilchrist, Gulf, Holmes, Jackson, Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla, Walton, and Washington.
Court for the Northern District shall be held at Gainesville, Marianna, Panama City, Pensacola, and Tallahassee.
Middle District
(b) The Middle District comprises the counties of Baker, Bradford, Brevard, Charlotte, Citrus, Clay, Collier, Columbia, De Soto, Duval, Flagler, Glades, Hamilton, Hardee, Hendry, Hernando, Hillsborough, Lake, Lee, Manatee, Marion, Nassau, Orange, Osceola, Pasco, Pinellas, Polk, Putnam, St. Johns, Sarasota, Seminole, Sumter, Suwannee, Union, and Volusia.
Court for the Middle District shall be held at Fernandina, Fort Myers, Jacksonville, Live Oak, Ocala, Orlando, Saint Petersburg, and Tampa.
Southern District
(c) The Southern District comprises the counties of Broward, Dade, Highlands, Indian River, Martin, Monroe, Okeechobee, Palm Beach, and St. Lucie.
Court for the Southern District shall be held at Fort Lauderdale, Fort Pierce, Key West, Miami, and West Palm Beach.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §149 (Mar. 3, 1911, ch. 231, §76,
A provision requiring rooms and accommodations to be furnished at Orlando without cost to the United States was omitted as obsolete, upon advice of the Director of the Administrative Office for the United States Courts that Federal accommodations are now available in Orlando.
A provision requiring court to be open at all times was omitted as covered by
A provision that no deputy clerk or deputy marshal should be appointed at Fort Pierce, was omitted as incongruous with other sections of this title. See sections 541 [see 561], 542 [see 561], and 751 of this title.
The provision respecting court accommodations at Fort Pierce and Panama City was omitted as covered by
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1988—Subsec. (b).
Subsec. (c).
1978—Subsec. (a).
Subsec. (b).
1970—Subsec. (c).
1962—
1961—Subsec. (a).
1952—Subsec. (b). Act July 17, 1952, provided for holding court at Fort Myers and West Palm Beach.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
"(b)
"(2) The amendments made by subsection (a) [amending this section] shall apply to any action commenced in the United States District Court for the Middle District of Florida, or in the United States District Court for the Southern District of Florida, on or after the effective date of this title [probably should be effective date of this section], and shall not affect any action pending in either such court on such effective date.
"(c)
Effective Date of 1978 Amendment; Savings Provision
"(a) The amendments made by this Act [amending this section and
"(b) Nothing in this Act shall affect the composition or preclude the service of any grand or petit juror summoned, empaneled, or actually serving in any judicial district on the effective date of this Act."
Effective Date of 1962 Amendment
District Judges, United States Attorneys, and United States Marshals Designations; Tenure; Appointments
"(a) The district judge appointed September 26, 1950, the district judge appointed August 13, 1955, and the district judge appointed March 8, 1961, all for the Southern District of Florida, shall hereafter be designated as district judges for the Middle District of Florida.
"(b) The district judge for the Northern and Southern Districts of Florida shall hereafter be designated as the district judge for the Northern, Middle, and Southern Districts of Florida.
"(c) Nothing in this Act [amending this section and
"(d) Nothing in this Act [amending this section and
"(e) The President is authorized to appoint, by and with the advice and consent of the Senate, a United States Attorney and a United States Marshal for the Southern District of Florida."
Elimination of District Judgeship for Northern, Middle, and Southern Districts of Florida
District judgeship for northern, middle, and southern districts changed to district judgeship for middle district only, see section 2(b) of
§90. Georgia
Georgia is divided into three judicial districts to be known as the Northern, Middle, and Southern Districts of Georgia.
Northern District
(a) The Northern District comprises four divisions.
(1) The Gainesville Division comprises the counties of Banks, Barrow, Dawson, Fannin, Forsyth, Gilmer, Habersham, Hall, Jackson, Lumpkin, Pickens, Rabun, Stephens, Towns, Union, and White.
Court for the Gainesville Division shall be held at Gainesville.
(2) The Atlanta Division comprises the counties of Cherokee, Clayton, Cobb, De Kalb, Douglas, Fulton, Gwinnett, Henry, Newton, and Rockdale.
Court for the Atlanta Division shall be held at Atlanta.
(3) The Rome Division comprises the counties of Bartow, Catoosa, Chattooga, Dade, Floyd, Gordon, Murray, Paulding, Polk, Walker, and Whitfield.
Court for the Rome Division shall be held at Rome.
(4) The Newnan Division comprises the counties of Carroll, Coweta, Fayette, Haralson, Heard, Meriwether, Pike, Spalding, and Troup.
Court for the Newnan Division shall be held at Newnan.
Middle District
(b) The Middle District comprises seven divisions.
(1) The Athens Division comprises the counties of Clarke, Elbert, Franklin, Greene, Hart, Madison, Morgan, Oconee, Oglethorpe, and Walton.
Court for the Athens Division shall be held at Athens.
(2) The Macon Division comprises the counties of Baldwin, Bibb, Bleckley, Butts, Crawford, Hancock, Houston, Jasper, Jones, Lamar, Monroe, Peach, Pulaski, Putnam, Twiggs, Upson, Washington, and Wilkinson.
Court for the Macon Division shall be held at Macon.
(3) The Columbus Division comprises the counties of Chattahoochee, Clay, Harris, Marion, Muscogee, Quitman, Randolph, Stewart, Talbot, and Taylor.
Court for the Columbus Division shall be held at Columbus.
(4) The Americus Division comprises the counties of Ben Hill, Crisp, Dooly, Lee, Macon, Schley, Sumter, Terrell, Webster, and Wilcox.
Court for the Americus Division shall be held at Americus.
(5) The Albany Division comprises the counties of Baker, Calhoun, Dougherty, Early, Miller, Mitchell, Turner, and Worth.
Court for the Albany Division shall be held at Albany.
(6) The Valdosta Division comprises the counties of Berrien, Clinch, Cook, Echols, Irwin, Lanier, Lowndes, and Tift.
Court for the Valdosta Division shall be held at Valdosta.
(7) The Thomasville Division comprises the counties of Brooks, Colquitt, Decatur, Grady, Seminole, and Thomas.
Court for the Thomasville Division shall be held at Thomasville.
Southern District
(c) The Southern District comprises six divisions.
(1) The Augusta Division comprises the Counties of Burke, Columbia, Glascock, Jefferson, Lincoln, McDuffie, Richmond, Taliaferro, Warren, and Wilkes.
Court for the Augusta Division shall be held at Augusta.
(2) The Dublin Division comprises the counties of Dodge, Johnson, Laurens, Montgomery, Telfair, Treutlen, and Wheeler.
Court for the Dublin Division shall be held at Dublin.
(3) The Savannah Division comprises the counties of Bryan, Chatham, Effingham, and Liberty.
Court for the Savannah Division shall be held at Savannah.
(4) The Waycross Division comprises the counties of Atkinson, Bacon, Brantley, Charlton, Coffee, Pierce, and Ware.
Court for the Waycross Division shall be held at Waycross.
(5) The Brunswick Division comprises the counties of Appling, Camden, Glynn, Jeff Davis, Long, McIntosh, and Wayne.
Court for the Brunswick Division shall be held at Brunswick.
(6) The Statesboro Division comprises the counties of Bulloch, Candler, Emanuel, Evans, Jenkins, Screven, Tattnall, and Toombs.
Court for the Statesboro Division shall be held at Statesboro.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §150 (Mar. 3, 1911, ch. 231, §77,
Provisions for furnishing rooms and accommodations at Americus and Dublin were omitted as obsolete upon advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available in each of those places.
The provisions respecting court accommodations at Brunswick, Newnan, or Thomasville were omitted as covered by
Since the latest amendment of
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1986—Subsec. (c)(1).
Subsec. (c)(3).
Subsec. (c)(6).
1984—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (c)(6).
1951—Subsec. (c)(6). Act Oct. 31, 1951, struck out "Washington,".
1949—Subsec. (c). Act Aug. 16, 1949, created a Swainsboro division and provided for holding court there.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
§91. Hawaii
Hawaii constitutes one judicial district which includes the Midway Islands, Wake Island, Johnston Island, Sand Island, Kingman Reef, Palmyra Island, Baker Island, Howland Island, Jarvis Island, Canton Island, and Enderbury Island: Provided, That the inclusion of Canton and Enderbury Islands in such judicial district shall in no way be construed to be prejudicial to the claims of the United Kingdom to said Islands in accordance with the agreement of April 6, 1939, between the Governments of the United States and of the United Kingdom to set up a regime for their use in common.
Court shall be held at Honolulu.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on
Section consolidates parts of
The provisions of
Provisions of
Provisions of
Other provisions of
Changes were made in phraseology.
Editorial Notes
Amendments
1960—
1959—
1949—Act May 24, 1949, inserted provisions relating to inclusion of Canton and Enderbury Islands.
Statutory Notes and Related Subsidiaries
Effective Date of 1959 Amendment
Canton and Enderbury Islands; Sovereignty of Kiribati
By a treaty of friendship, TIAS 10777, which entered into force Sept. 23, 1983, the United States recognized the sovereignty of Kiribati over Canton Island and Enderbury Island.
Court of the United States; District Judges
Section 9 of
Continuation of Suits
"All civil causes of action and all criminal offenses which shall have arisen or been committed prior to the admission of said State, but as to which no writ, action, indictment or proceeding shall be pending at the date of such admission, shall be subject to prosecution in the appropriate State courts or in the United States District Court for the District of Hawaii in like manner, to the same extent, and with like right of appellate review, as if said State had been created and said State courts had been established prior to the accrual of such causes of action or the commission of such offenses. The admission of said State shall effect no change in the substantive or criminal law governing such causes of action and criminal offenses which shall have arisen or been committed; and such of said criminal offenses as shall have been committed against the laws of the Territory shall be tried and punished by the appropriate courts of said State, and such as shall have been committed against the laws of the United States shall be tried and punished in the United States District Court for the District of Hawaii."
Appeals
Extension of Jurisdiction of United States District Court for District of Hawaii and of Civil and Criminal Laws to Midway, Wake, Johnson, Sand, etc., Islands
The jurisdiction of the United States District Court for the District of Hawaii and the laws of the United States relating to civil acts or offenses consummated or committed on the high seas on board a vessel belonging to the United States were extended to the Midway Islands, Wake, Johnson, Sand, etc., Islands by
Executive Documents
Admission of Hawaii as State
Admission of Hawaii into the Union was accomplished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 25 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of
§92. Idaho
Idaho, exclusive of Yellowstone National Park, constitutes one judicial district.
Court shall be held at Boise, Coeur d'Alene, Moscow, and Pocatello.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §151 (Mar. 3, 1911, ch. 231, §78,
All of Yellowstone National Park is included in the judicial district of Wyoming by
A provision as to the places for maintenance of the clerk's offices, and requiring that they be open at all times, was omitted as covered by
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1970—
§93. Illinois
Illinois is divided into three judicial districts to be known as the Northern, Central, and Southern Districts of Illinois.
Northern District
(a) The Northern District comprises two divisions.
(1) The Eastern Division comprises the counties of Cook, Du Page, Grundy, Kane, Kendall, Lake, La Salle, and Will.
Court for the Eastern Division shall be held at Chicago and Wheaton.
(2) The Western Division comprises the counties of Boone, Carroll, De Kalb, Jo Daviess, Lee, McHenry, Ogle, Stephenson, Whiteside, and Winnebago.
Court for the Western Division shall be held at Freeport and Rockford.
Central District
(b) The Central District comprises the counties of Adams, Brown, Bureau, Cass, Champaign, Christian, Coles, De Witt, Douglas, Edgar, Ford, Fulton, Greene, Hancock, Henderson, Henry, Iroquois, Kankakee, Knox, Livingston, Logan, McDonough, McLean, Macoupin, Macon, Marshall, Mason, Menard, Mercer, Montgomery, Morgan, Moultrie, Peoria, Piatt, Pike, Putnam, Rock Island, Sangamon, Schuyler, Scott, Shelby, Stark, Tazewell, Vermilion, Warren, and Woodford.
Court for the Central District shall be held at Champaign/Urbana, Danville, Peoria, Quincy, Rock Island, and Springfield.
Southern District
(c) The Southern District comprises the counties of Alexander, Bond, Calhoun, Clark, Clay, Clinton, Crawford, Cumberland, Edwards, Effingham, Fayette, Franklin, Gallatin, Hamilton, Hardin, Jackson, Jasper, Jefferson, Jersey, Johnson, Lawrence, Madison, Marion, Massac, Monroe, Perry, Pope, Pulaski, Randolph, Richland, St. Clair, Saline, Union, Wabash, Washington, Wayne, White, and Williamson.
Court for the Southern District shall be held at Alton, Benton, Cairo, and East Saint Louis.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §152 (Mar. 3, 1911, ch. 231, §79,
Provisions relating to appointment of deputy marshals and maintenance of offices by deputy marshals and deputy clerks were omitted as covered by sections 452, 541 [see 561], 542 [see 561], and 751 of this title.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1999—Subsec. (a)(1).
1984—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b).
1978—
Subsec. (a)(1).
Subsec. (b).
Subsec. (c).
1970—Subsec. (a)(2).
1961—Subsec. (b)(2).
1950—Subsec. (b)(1). Act Aug. 10, 1950, provided for holding court at Rock Island.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1978 Amendment
"(a) Except as provided in subsection (b) of this section, the provisions of this Act [amending this section and
"(b)(1) The provisions of section 5 of this Act [set out as a note under
"(2) The provisions of the first section of this Act [amending this section] shall take effect on March 31, 1979.
"(c) Nothing in this Act [amending this section and
Effective Date of 1978 Amendment; Savings Provision
Amendment by
District Judges, United States Attorneys, Assistant United States Attorneys, and United States Marshals for Central and Southern Districts; Designation; Tenure; Appointment; Grand Jury
"(2) The district judge for the Eastern District of Illinois in office on the effective date of this Act [180 days after Oct. 2, 1978] who is senior in commission shall, on and after the effective date of this Act, be a district judge for the Southern District of Illinois. The remaining district judge for the Eastern District of Illinois who is in office on the effective date of this Act and the district judges for the Southern District of Illinois who are in office on the effective date of this Act shall, on and after the effective date of this Act, be district judges for the Central District of Illinois. The President shall appoint, by and with the advice and consent of the Senate, a second district judge for the Southern District of Illinois.
"(3) This section does not in any manner affect the tenure of the United States attorney, the assistant United States attorneys, or the United States marshal for the Eastern District of Illinois or for the Southern District of Illinois who are in office on the effective date of this Act [180 days after Oct. 2, 1978]. The United States attorney, the assistant United States attorneys, and the United States marshal for the Eastern District and for the Southern District of Illinois shall, on the effective date of this Act, become the United States attorney, the assistant United States attorneys, and the United States marshal for the Southern District and for the Central District of Illinois, respectively.
"(4) Notwithstanding
§94. Indiana
Indiana is divided into two judicial districts to be known as the Northern and Southern Districts of Indiana.
Northern District
(a) The Northern District comprises three divisions.
(1) The Fort Wayne Division comprises the counties of Adams, Allen, Blackford, De Kalb, Grant, Huntington, Jay, Lagrange, Noble, Steuben, Wells, and Whitley.
Court for the Fort Wayne Division shall be held at Fort Wayne.
(2) The South Bend Division comprises the counties of Cass, Elkhart, Fulton, Kosciusko, La Porte, Marshall, Miami, Pulaski, St. Joseph, Starke, and Wabash.
Court for the South Bend Division shall be held at South Bend.
(3) The Hammond Division comprises the counties of Benton, Carroll, Jasper, Lake, Newton, Porter, Tippecanoe, Warren, and White.
Court for the Hammond Division shall be held at Hammond and Lafayette.
Southern District
(b) The Southern District comprises four divisions.
(1) The Indianapolis Division comprises the counties of Bartholomew, Boone, Brown, Clinton, Decatur, Delaware, Fayette, Fountain, Franklin, Hamilton, Hancock, Hendricks, Henry, Howard, Johnson, Madison, Marion, Monroe, Montgomery, Morgan, Randolph, Rush, Shelby, Tipton, Union, and Wayne.
Court for the Indianapolis Division shall be held at Indianapolis and Richmond.
(2) The Terre Haute Division comprises the counties of Clay, Greene, Knox, Owen, Parke, Putnam, Sullivan, Vermilion, and Vigo.
Court for the Terre Haute Division shall be held at Terre Haute.
(3) The Evansville Division comprises the counties of Davies, Dubois, Gibson, Martin, Perry, Pike, Posey, Spencer, Vanderburgh, and Warrick.
Court for the Evansville Division shall be held at Evansville.
(4) The New Albany Division comprises the counties of Clark, Crawford, Dearborn, Floyd, Harrison, Jackson, Jefferson, Jennings, Lawrence, Ohio, Orange, Ripley, Scott, Switzerland, and Washington.
Court for the New Albany Division shall be held at New Albany.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §153 (Mar. 3, 1911, ch. 231, §80,
Words "when the time fixed as above for the sitting of a court shall fall on a legal holiday the terms shall begin on the next day following," were omitted as within the discretion of the court and coverable by rule of court.
A provision that terms should not be limited to any particular number of days, and that a term about to commence in another division might be adjourned until the business of the court in session was concluded, was omitted as covered by
A provision authorizing indictments for offenses committed in divisions other than that wherein a grand jury is sitting was omitted as covered by Federal Rules of Criminal Procedure, Rules 6, 7.
Provisions as to maintenance of clerks' offices were omitted as covered by
The following provisions were omitted as either executed or covered by section 501 [now 541] et seq. and section 541 [now 561] et seq. of this title, containing similar provisions as to United States attorneys and marshals:
"A. The senior district judge for the district of Indiana in office immediately prior to April 21, 1928, shall be the district judge for the southern district as constituted by this section; the junior district judge for the district of Indiana immediately prior to April 21, 1928, shall be the district judge for the northern district as constituted by this section; and the district attorney and marshal for the district of Indiana in office immediately prior to April 21, 1928, shall be during the remainder of their present terms of office the district attorney and marshal for the southern district as constituted by this section.
"B. The President is authorized and directed to appoint, by and with the advice and consent of the Senate, a district attorney and a marshal for the United States District Court for the Northern District of Indiana."
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1970—Subsec. (b)(1).
1954—Subsec. (a)(3). Act Feb. 10, 1954, provided for holding court at Lafayette.
§95. Iowa
Iowa is divided into two judicial districts to be known as the Northern and Southern Districts of Iowa.
Northern District
(a) The Northern District comprises four divisions.
(1) The Cedar Rapids Division comprises the counties of Benton, Cedar, Grundy, Hardin, Iowa, Jones, Linn, and Tama.
Court for the Cedar Rapids Division shall be held at Cedar Rapids.
(2) The Eastern Division comprises the counties of Allamakee, Black Hawk, Bremer, Buchanan, Chickasaw, Clayton, Delaware, Dubuque, Fayette, Floyd, Howard, Jackson, Mitchell, and Winneshiek.
Court for the Eastern Division shall be held at Dubuque and Waterloo.
(3) The Western Division comprises the counties of Buena Vista, Cherokee, Clay, Crawford, Dickinson, Ida, Lyon, Monona, O'Brien, Osceola, Plymouth, Sac, Sioux, and Woodbury.
Court for the Western Division shall be held at Sioux City.
(4) The Central Division comprises the counties of Butler, Calhoun, Carroll, Cerro Gordo, Emmet, Franklin, Hamilton, Hancock, Humboldt, Kossuth, Palo Alto, Pocahontas, Webster, Winnebago, Worth, and Wright.
Court for the Central Division shall be held at Fort Dodge and Mason City.
Southern District
(b) The Southern District comprises six divisions.
(1) The Central Division comprises the counties of Boone, Dallas, Greene, Guthrie, Jasper, Madison, Marion, Marshall, Polk, Poweshiek, Story, and Warren.
Court for the Central Division shall be held at Des Moines.
(2) The Eastern Division comprises the counties of Des Moines, Henry, Lee, Louisa, and Van Buren.
Court for the Eastern Division shall be held at Keokuk.
(3) The Western Division comprises the counties of Audubon, Cass, Fremont, Harrison, Mills, Montgomery, Page, Pottawattamie, and Shelby.
Court for the Western Division shall be held at Council Bluffs.
(4) The Southern Division comprises the counties of Adair, Adams, Clarke, Decatur, Lucas, Ringgold, Taylor, Union, and Wayne.
Court for the Southern Division shall be held at Creston.
(5) The Davenport Division comprises the counties of Clinton, Johnson, Muscatine, Scott, and Washington.
Court for the Davenport Division shall be held at Davenport.
(6) The Ottumwa Division comprises the counties of Appanoose, Davis, Jefferson, Keokuk, Mahaska, Monroe, and Wapello.
Court for the Ottumwa Division shall be held at Ottumwa.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§156 and 156a (Mar. 3, 1911, ch. 231, §81,
A provision relating to the maintenance of clerk's office was omitted as covered by
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1980—Subsec. (b)(3).
Subsec. (b)(4).
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment; Savings Provision
Amendment by
Holding Court for the Southern District of Iowa
"(1) with the consent of the parties in any case filed in the Eastern Division or the Davenport Division of the Southern District of Iowa, hold court on that case in Rock Island, Illinois; and
"(2) summon jurors from the Southern District of Iowa to serve in any case described under paragraph (1)."
§96. Kansas
Kansas constitutes one judicial district.
Court shall be held at Kansas City, Lawrence, Leavenworth, Salina, Topeka, Hutchinson, Wichita, Dodge City, and Fort Scott.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §157 (Mar. 3, 1911, ch. 231, §82,
Provisions as to the appointment and residence of deputy marshals and deputy clerks and maintenance of offices by them were omitted. See sections 541 [see 561], 542 [see 561], and 751 of this title.
A provision making inoperative the terms of the last paragraph of this section, whenever, upon the recommendation of the Attorney General, court accommodations should be provided in Federal buildings, was omitted as unnecessary. When such buildings become available the Director of the Administrative Office of the United States Courts will, under
The provision respecting court accommodations at Hutchinson was omitted as covered by
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1986—
1949—Act Aug. 27, 1949, abolished the three divisions which constituted the judicial district, and added Dodge City as an additional place for holding court.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by
§97. Kentucky
Kentucky is divided into two judicial districts to be known as the Eastern and Western Districts of Kentucky.
Eastern District
(a) The Eastern District comprises the counties of Anderson, Bath, Bell, Boone, Bourbon, Boyd, Boyle, Bracken, Breathitt, Campbell, Carroll, Carter, Clark, Clay, Elliott, Estill, Fayette, Fleming, Floyd, Franklin, Gallatin, Garrard, Grant, Greenup, Harlan, Harrison, Henry, Jackson, Jessamine, Johnson, Kenton, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln, McCreary, Madison, Magoffin, Martin, Mason, Menifee, Mercer, Montgomery, Morgan, Nicholas, Owen, Owsley, Pendleton, Perry, Pike, Powell, Pulaski, Robertson, Rockcastle, Rowan, Scott, Shelby, Trimble, Wayne, Whitley, Wolfe, and Woodford.
Court for the Eastern District shall be held at Ashland, Catlettsburg, Covington, Frankfort, Jackson, Lexington, London, Pikeville, and Richmond.
Western District
(b) The Western District comprises the counties of Adair, Allen, Ballard, Barren, Breckenridge, Bullitt, Butler, Caldwell, Calloway, Carlisle, Casey, Christian, Clinton, Crittenden, Cumberland, Daviess, Edmonson, Fulton, Graves, Grayson, Green, Hancock, Hardin, Hart, Henderson, Hickman, Hopkins, Jefferson, Larue, Livingston, Logan, Lyon, McCracken, McLean, Marion, Marshall, Meade, Metcalfe, Monroe, Muhlenberg, Nelson, Ohio, Oldham, Russell, Simpson, Spencer, Taylor, Todd, Trigg, Union, Warren, Washington, and Webster.
Court for the Western District shall be held at Bowling Green, Louisville, Owensboro, and Paducah.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §158 (Mar. 3, 1911, ch. 231, §83,
Last paragraph of
Provisions relating to maintenance of clerk's offices were omitted as covered by
Provisions for furnishing rooms and accommodations at Lexington and Pikeville were omitted as obsolete on advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available in each of those places.
Words "with the waters thereof," after the list of counties in each district, were omitted as unnecessary and inconsistent with other sections of this chapter.
McCreary County of the Eastern District was formed from parts of the counties of Pulaski, Wayne, and Whitley since the latest amendment of the Judicial Code.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1978—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment; Savings Provision
Amendment by
§98. Louisiana
Louisiana is divided into three judicial districts to be known as the Eastern, Middle, and Western Districts of Louisiana.
Eastern District
(a) The Eastern District comprises the parishes of Assumption, Jefferson, Lafourche, Orleans, Plaquemines, Saint Bernard, Saint Charles, Saint James, Saint John the Baptist, Saint Tammany, Tangipahoa, Terrebonne, and Washington.
Court for the Eastern District shall be held at New Orleans, and Houma.
Middle District
(b) The Middle District comprises the parishes of Ascension, East Baton Rouge, East Feliciana, Iberville, Livingston, Pointe Coupee, Saint Helena, West Baton Rouge, and West Feliciana.
Court for the Middle District shall be held at Baton Rouge.
Western District
(c) The Western District comprises the parishes of Acadia, Allen, Avoyelles, Beauregard, Bienville, Bossier, Caddo, Calcasieu, Caldwell, Cameron, Catahoula, Claiborne, Concordia, Jefferson Davis, De Soto, East Carroll, Evangeline, Franklin, Grant, Iberia, Jackson, Lafayette, La Salle, Lincoln, Madison, Morehouse, Natchitoches, Ouachita, Rapides, Red River, Richland, Sabine, Saint Landry, Saint Martin, Saint Mary, Tensas, Union, Vermilion, Vernon, Webster, West Carroll, and Winn.
Court for the Western District shall be held at Alexandria, Lafayette, Lake Charles, Monroe, Opelousas, and Shreveport.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §159 (Mar. 3, 1911, ch. 231, §84,
Provisions relating to the maintenance of offices by the clerks were omitted as covered by
The parishes of Allen, Beauregard, and Jefferson Davis of the Lake Charles Division of the Western District were formed out of part of Calcasieu Parish since the enactment of the Judicial Code.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1984—Subsec. (a).
1978—Subsec. (c).
1971—
1961—
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment; Savings Provision
Amendment by
Effective Date of 1971 Amendment
District Judge, United States Attorney, and United States Marshal for Middle District; Designation; Tenure; Appointment
"(b) The district judge for the Eastern District of Louisiana holding office on the day immediately prior to the effective date of this section [see Effective Date of 1971 Amendment Note above], and whose official station on such date is Baton Rouge, shall, on and after such date, be the district judge for the Middle District of Louisiana. All other district judges for the Eastern District of Louisiana holding office on the day immediately prior to the effective date of this section shall be district judges for the Eastern District of Louisiana as constituted by this section.
"(c)(1) Nothing in this section shall in any manner affect the tenure of office of the United States attorney and the United States marshal for the Eastern District of Louisiana who are in office on the effective date of this section, and who shall be during the remainder of their present terms of office the United States attorney and marshal for the Eastern District of Louisiana as constituted by this section.
"(2) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and marshal for the Middle District of Louisiana."
§99. Maine
Maine constitutes one judicial district.
Court shall be held at Bangor and Portland.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §160 (Mar. 3, 1911, ch. 231, §85,
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1978—
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
§100. Maryland
Maryland constitutes one judicial district comprising two divisions.
(1) The Northern Division comprises the counties of Allegany, Anne Arundel, Baltimore, Caroline, Carroll, Cecil, Dorchester, Frederick, Garrett, Harford, Howard, Kent, Queen Anne's, Somerset, Talbot, Washington, Wicomico, and Worcester, and the City of Baltimore.
Court for the Northern Division shall be held at Baltimore, Cumberland, and Denton.
(2) The Southern Division comprises the counties of Calvert, Charles, Montgomery, Prince George's, and St. Mary's.
Court for the Southern Division shall be held at a suitable site in Montgomery or Prince George's County not more than five miles from the boundary of Montgomery and Prince George's Counties.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §166 (Mar. 3, 1911, ch. 231, §86,
Provisions relating to appointment of a deputy clerk and a deputy marshal and the maintenance of offices by such deputies were omitted as covered by sections 541 [see 561], 542 [see 561], and 751 of this title.
The provisions respecting court accommodations at Denton were omitted as covered by
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1988—
1970—
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
"(a)
"(b)
"(c)
§101. Massachusetts
Massachusetts constitutes one judicial district.
Court shall be held at Boston, New Bedford, Springfield, and Worcester.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §167 (Mar. 3, 1911, ch. 231, §87,
Words "and the terms at Boston shall not be terminated or affected by the terms at Springfield, New Bedford, or Worcester," were omitted as covered by
Provisions relating to appointment of deputy clerks and deputy marshals, and maintenance of office by said deputies were omitted as covered by sections 541 [see 561], 542 [see 561], and 751 of this title.
Provisions for furnishing rooms and accommodations at Springfield and Worcester were omitted as obsolete upon advice of Director of the Administrative Office of the United States Courts that federal accommodations have been provided at such places.
A provision requiring the return of all process to the terms at Boston and the keeping of all court papers in the clerk's office at Boston, unless otherwise specially ordered by the court, was omitted, since such matters can be regulated more appropriately by court rule or order. See Federal Rules of Civil Procedure, Rule 4(g).
The provision respecting court accommodations at New Bedford was omitted as covered by
Changes in arrangement and phraseology were made.
§102. Michigan
Michigan is divided into two judicial districts to be known as the Eastern and Western Districts of Michigan.
Eastern District
(a) The Eastern District comprises two divisions.
(1) The Southern Division comprises the counties of Genesee, Jackson, Lapeer, Lenawee, Livingston, Macomb, Monroe, Oakland, Saint Clair, Sanilac, Shiawassee, Washtenaw, and Wayne.
Court for the Southern Division shall be held at Ann Arbor, Detroit, Flint, and Port Huron.
(2) The Northern Division comprises the counties of Alcona, Alpena, Arenac, Bay, Cheboygan, Clare, Crawford, Gladwin, Gratiot, Huron, Iosco, Isabella, Midland, Montmorency, Ogemaw, Oscoda, Otsego, Presque Isle, Roscommon, Saginaw, and Tuscola.
Court for the Northern Division shall be held at Bay City.
Western District
(b) The Western District comprises two divisions.
(1) The Southern Division comprises the counties of Allegan, Antrim, Barry, Benzie, Berrien, Branch, Calhoun, Cass, Charlevoix, Clinton, Eaton, Emmet, Grand Traverse, Hillsdale, Ingham, Ionia, Kalamazoo, Kalkaska, Kent, Lake, Leelanau, Manistee, Mason, Mecosta, Missaukee, Montcalm, Muskegon, Newaygo, Oceana, Osceola, Ottawa, Saint Joseph, Van Buren, and Wexford.
Court for the Southern Division shall be held at Grand Rapids, Kalamazoo, Lansing, and Traverse City.
(2) The Northern Division comprises the counties of Alger, Baraga, Chippewa, Delta, Dickinson, Gogebic, Houghton, Iron, Keweenaw, Luce, Mackinac, Marquette, Menominee, Ontonagon, and Schoolcraft.
Court for the Northern Division shall be held at Marquette and Sault Sainte Marie.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §168 (Mar. 3, 1911, ch. 231, §88,
Provisions of
A provision for a special or adjourned term at Bay City for the hearing of admiralty cases, beginning in February of each year, was omitted. Adequate provision is made for such terms by
Words "and mileage on service of process in said northern division shall be computed from Bay City," at the end of the section, were omitted as covered by
Provisions relating to appointment and residence of deputy clerks and deputy marshals and maintenance of offices by such deputies were omitted as covered by sections 541 [see 561], 542 [see 561], and 751 of this title.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1970—Subsec. (b)(1).
1964—Subsec. (a).
1961—Subsec. (b)(1).
1954—Subsec. (a)(1). Act Feb. 10, 1954, §2(b)(8)(a), struck out counties of Branch, Calhoun, Clinton, Hillsdale, and Ingham, with respect to Southern Division of Eastern District.
Subsec. (a)(2). Act Feb. 10, 1954, §2(b)(8)(b), substituted "Flint" for "Port Huron", as a place for holding court.
Subsec. (b)(1). Act Feb. 10, 1954, §2(b)(8)(c), inserted a reference to counties of Branch, Calhoun, Clinton, Hillsdale, and Ingham, with respect to composition of Southern Division of the Western District, and provided for holding court at Kalamazoo and Mason.
§103. Minnesota
Minnesota constitutes one judicial district comprising six divisions.
(1) The First Division comprises the counties of Dodge, Fillmore, Houston, Mower, Olmsted, Steele, Wabasha, and Winona.
Court for the First Division shall be held at Winona.
(2) The Second Division comprises the counties of Blue Earth, Brown, Cottonwood, Faribault, Freeborn, Jackson, Lac qui Parle, Le Sueur, Lincoln, Lyon, Martin, Murray, Nicollet, Nobles, Pipestone, Redwood, Rock, Sibley, Waseca, Watonwan, and Yellow Medicine.
Court for the Second Division shall be held at Mankato.
(3) The Third Division comprises the counties of Chisago, Dakota, Goodhue, Ramsey, Rice, Scott, and Washington.
Court for the Third Division shall be held at Saint Paul.
(4) The Fourth Division comprises the counties of Anoka, Carver, Chippewa, Hennepin, Isanti, Kandiyohi, McLeod, Meeker, Renville, Sherburne, Swift, and Wright.
Court for the Fourth Division shall be held at Minneapolis.
(5) The Fifth Division comprises the counties of Aitkin, Benton, Carlton, Cass, Cook, Crow Wing, Itasca, Kanabec, Koochiching, Lake, Mille Lacs, Morrison, Pine, and Saint Louis.
Court for the Fifth Division shall be held at Duluth.
(6) The Sixth Division comprises the counties of Becker, Beltrami, Big Stone, Clay, Clearwater, Douglas, Grant, Hubbard, Kittson, Lake of the Woods, Mahnomen, Marshall, Norman, Otter Tail, Pennington, Polk, Pope, Red Lake, Roseau, Stearns, Stevens, Todd, Traverse, Wadena, and Wilkin.
Court for the Sixth Division shall be held at Fergus Falls and Bemidji.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §169 (Mar. 3, 1911, ch. 231, §89,
Provisions relating to the appointment and residence of deputy clerks and the maintenance of offices by them were omitted as covered by
The counties of Pennington and Lake of the Woods, in the Sixth Division, were created since the enactment of the Judicial Code.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
2008—Par. (6).
§104. Mississippi
Mississippi is divided into two judicial districts to be known as the northern and southern districts of Mississippi.
Northern District
(a) The northern district comprises three divisions.
(1) The Aberdeen Division comprises the counties of Alcorn, Chickasaw, Choctaw, Clay, Itawamba, Lee, Lowndes, Monroe, Oktibbeha, Prentiss, Tishomingo, Webster, and Winston.
Court for the Aberdeen Division shall be held at Aberdeen, Ackerman, and Corinth.
(2) The Oxford Division comprises the counties of Benton, Calhoun, DeSoto, Lafayette, Marshall, Panola, Pontotoc, Quitman, Tallahatchie, Tate, Tippah, Tunica, Union, and Yalobusha.
Court for the Oxford Division shall be held at Oxford.
(3) The Greenville Division comprises the counties of Attala, Bolivar, Carroll, Coahoma, Grenada, Humphreys, Leflore, Montgomery, Sunflower, and Washington.
Court for the Greenville Division shall be held at Clarksdale, Cleveland, and Greenville.
Southern District
(b) The southern district comprises four divisions.
(1) The Northern Division comprises the counties of Copiah, Hinds, Holmes, Issaquena, Kemper, Lauderdale, Leake, Madison, Neshoba, Newton, Noxubee, Rankin, Scott, Simpson, Sharkey, Smith, Warren, and Yazoo.
Court for the Northern Division shall be held at Jackson.
(2) The Southern Division comprises the counties of George, Greene, Hancock, Harrison, Jackson, Pearl River, and Stone.
Court for the Southern Division shall be held at Gulfport.
(3) The Eastern Division comprises the counties of Clarke, Covington, Forrest, Jasper, Jefferson Davis, Jones, Lamar, Lawrence, Marion, Perry, Wayne, and Walthall.
Court for the Eastern Division shall be held at Hattiesburg.
(4) The Western Division comprises the counties of Adams, Amite, Claiborne, Franklin, Jefferson, Lincoln, Pike, and Wilkinson.
Court for the Western Division shall be held at Natchez.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §170 (Mar. 3, 1911, ch. 231, §90,
Provisions relating to the maintenance of offices by the clerks and marshals were omitted as covered by sections 452, 541 [see 561], 542 [see 561], and 751 of this title.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
2013—Subsec. (b).
2012—Subsec. (a).
2004—Subsec. (a)(3).
1999—Subsec. (b)(3).
1978—Subsec. (a)(1).
1970—Subsec. (b)(3).
Subsec. (b)(4).
1967—Subsec. (a)(1).
1950—Act Aug. 7, 1950, created Greenville division in the northern district with terms of courts to be held at Greenville.
Statutory Notes and Related Subsidiaries
Effective Date of 2013 Amendment
Effective Date of 2012 Amendment
Effective Date of 1978 Amendment; Savings Provision
Amendment by
§105. Missouri
Missouri is divided into two judicial districts to be known as the Eastern and Western Districts of Missouri.
Eastern District
(a) The Eastern District comprises three divisions.
(1) The Eastern Division comprises the counties of Crawford, Dent, Franklin, Gasconade, Jefferson, Lincoln, Maries, Phelps, Saint Charles, Saint Francois, Saint Louis, Warren, and Washington, and the city of Saint Louis.
Court for the Eastern Division shall be held at Saint Louis.
(2) The Northern Division comprises the counties of Adair, Audrain, Chariton, Clark, Knox, Lewis, Linn, Macon, Marion, Monroe, Montgomery, Pike, Ralls, Randolph, Schuyler, Scotland, and Shelby.
Court for the Northern Division shall be held at Hannibal.
(3) The Southeastern Division comprises the counties of Bollinger, Butler, Cape Girardeau, Carter, Dunklin, Iron, Madison, Mississippi, New Madrid, Pemiscot, Perry, Reynolds, Ripley, Saint Genevieve, Scott, Shannon, Stoddard, and Wayne.
Court for the Southeastern Division shall be held at Cape Girardeau.
Western District
(b) The Western District comprises five divisions.
(1) The Western Division comprises the counties of Bates, Carroll, Cass, Clay, Henry, Jackson, Johnson, Lafayette, Ray, Saint Clair, and Saline.
Court for the Western Division shall be held at Kansas City.
(2) The Southwestern Division comprises the counties of Barton, Barry, Jasper, Lawrence, McDonald, Newton, Stone, and Vernon.
Court for the Southwestern Division shall be held at Joplin.
(3) The Saint Joseph Division comprises the counties of Andrew, Atchison, Buchanan, Caldwell, Clinton, Daviess, De Kalb, Gentry, Grundy, Harrison, Holt, Livingston, Mercer, Nodaway, Platte, Putnam, Sullivan, and Worth.
Court for the Saint Joseph Division shall be held at Saint Joseph.
(4) The Central Division comprises the counties of Benton, Boone, Callaway, Camden, Cole, Cooper, Hickory, Howard, Miller, Moniteau, Morgan, Osage, and Pettis.
Court for the Central Division shall be held at Jefferson City.
(5) The Southern Division comprises the counties of Cedar, Christian, Dade, Dallas, Douglas, Greene, Howell, Laclede, Oregon, Ozark, Polk, Pulaski, Taney, Texas, Webster, and Wright.
Court for the Southern Division shall be held at Springfield.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §171 (Mar. 3, 1911, ch. 231, §91,
Provisions for furnishing rooms and accommodations at Chillicothe were omitted as obsolete upon advice of Director of the Administrative Office of the United States Courts that Federal accommodations are now available in such place.
"Rolla" was omitted as a place for holding court in the Eastern Division of the Eastern District, and the provision for furnishing quarters there without cost to the United States was also omitted on advice from the clerk of court that no term of court has been held there since 1920. All cases arising in Phelps county in which Rolla is situated are heard at St. Louis.
Provisions relating to the maintenance of offices by the clerks and marshals or their deputies were omitted as covered by sections 452, 541 [see 561], 542 [see 561], and 751 of this title.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
2012—Subsec. (a)(1).
Subsec. (a)(3).
1980—Subsec. (a)(1).
Subsec. (a)(2).
1962—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by
Effective Date of 1980 Amendment; Savings Provision
Amendment by
§106. Montana
Montana, exclusive of Yellowstone National Park, constitutes one judicial district.
Court shall be held at Billings, Butte, Glasgow, Great Falls, Havre, Helena, Kalispell, Lewistown, Livingston, Miles City, and Missoula.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §172 (Mar. 3, 1911, ch. 231, §92,
All of Yellowstone National Park is included in the judicial district of Wyoming by
A provision for furnishing rooms and accommodations at Havre was omitted as obsolete on advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available there.
A provision for transfer of causes, civil or criminal, from one place of holding court to another was omitted. Such provision, as to civil cases, is covered by
A provision for the making of any interlocutory order at any place designated for holding court was omitted as unnecessary in view of Federal Rules of Civil Procedure, Rule 77–(b).
The provisions respecting court accommodations at Kalispell, Lewistown, and Livingston were omitted as covered by
Changes were made in arrangement and phraseology.
§107. Nebraska
Nebraska constitutes one judicial district.
Court shall be held at Lincoln, North Platte, and Omaha.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §173 (Mar. 3, 1911, ch. 231, §93,
Provisions for furnishing rooms and accommodations at the various places for holding court were omitted as obsolete upon advice of Director of the Administrative Office of the United States Courts that Federal accommodations are now available at such places.
A provision relating to the appointment and residence of deputy clerks and the places for keeping offices was omitted as covered by
The county of Arthur in the North Platte Division was created since the enactment of the Judicial Code.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1955—Act Aug. 9, 1955, struck out the separate divisions of the district and reduced the number of places of holding terms.
Statutory Notes and Related Subsidiaries
Effective Date of 1955 Amendment
Act Aug. 9, 1955, ch. 627, §2,
§108. Nevada
Nevada constitutes one judicial district.
Court shall be held at Carson City, Elko, Las Vegas, Reno, Ely, and Lovelock.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §174 (Mar. 3, 1911, ch. 231, §94,
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1990—
§109. New Hampshire
New Hampshire constitutes one judicial district.
Court shall be held at Concord and Littleton.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §175 (Mar. 3, 1911, ch. 231, §95,
Changes in arrangement and phraseology were made.
§110. New Jersey
New Jersey constitutes one judicial district.
Court shall be held at Camden, Newark and Trenton.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §176 (Mar. 3, 1911, ch. 231, §96,
Provisions relating to maintenance of offices by the clerk and marshal were omitted as covered by sections 452, 541 [see 561], 542 [see 561], and 751 of this title.
Changes in arrangement and phraseology were made.
§111. New Mexico
New Mexico constitutes one judicial district.
Court shall be held at Albuquerque, Las Cruces, Las Vegas, Roswell, Santa Fe, and Silver City.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §177 (June 20, 1910, ch. 310, §13,
The reference to Raton as a place of holding court was omitted on advice of the clerk that court is no longer held there.
Provisions for furnishing rooms and accommodations at Las Vegas were omitted as obsolete upon advice of Director of the Administrative Office of the United States Courts that Federal accommodations are now available.
Provision for adjournment or continuance in case of insufficient business by orders made anywhere in the district was omitted as covered by
Provisions for transfer of causes, civil or criminal, from one place of holding court to another were omitted. Such provisions, as to civil cases, are covered by
Provisions for appointment of deputy clerks and deputy marshals and maintenance of offices at various cities were omitted as covered by sections 541 [see 561], 542 [see 561], and 751 of this title.
The provision respecting court accommodations at Silver City was omitted as covered by
Changes in arrangement and phraseology were made.
§112. New York
New York is divided into four judicial districts to be known as the Northern, Southern, Eastern, and Western Districts of New York.
Northern District
(a) The Northern District comprises the counties of Albany, Broome, Cayuga, Chenango, Clinton, Columbia, Cortland, Delaware, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Jefferson, Lewis, Madison, Montgomery, Oneida, Onondaga, Oswego, Otsego, Rensselaer, Saint Lawrence, Saratoga, Schenectady, Schoharie, Tioga, Tompkins, Ulster, Warren, and Washington.
Court for the Northern District shall be held at Albany, Auburn, Binghamton, Malone, Plattsburgh,1 Syracuse, Utica, Watertown, and Plattsburgh.1
Southern District
(b) The Southern District comprises the counties of Bronx, Dutchess, New York, Orange, Putnam, Rockland, Sullivan, and Westchester and concurrently with the Eastern District, the waters within the Eastern District.
Court for the Southern District shall be held at New York, White Plains, and in the Middletown-Wallkill area of Orange County or such nearby location as may be deemed appropriate.
Eastern District
(c) The Eastern District comprises the counties of Kings, Nassau, Queens, Richmond, and Suffolk and concurrently with the Southern District, the waters within the counties of Bronx and New York.
Court for the Eastern District shall be held at Brooklyn, Hauppauge, Hempstead (including the village of Uniondale), and Central Islip.
Western District
(d) The Western District comprises the counties of Allegany, Cattaraugus, Chautauqua, Chemung, Erie, Genesee, Livingston, Monroe, Niagara, Ontario, Orleans, Schuyler, Seneca, Steuben, Wayne, Wyoming, and Yates.
Court for the Western District shall be held at Buffalo, Canandaigua, Elmira, Jamestown, and Rochester.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§178 and 178a (Mar. 3, 1911, ch. 231, §97,
A reference in
References to seizures made, matters done and processes or orders issued respecting waters within the concurrent jurisdiction of the southern and eastern districts, were omitted as unnecessary and covered by the revised language.
Provision for 20 days' notice of the special term authorized in the discretion of the court in the counties of Clinton, Jefferson, Onondaga, Oswego, Rensselaer, St. Lawrence, Saratoga, and Schenectady was omitted as unnecessary, in view of
The special provision permitting any district judge in New York to act as judge in any other district in that State upon request of the resident district judge was omitted, thus making applicable the uniform procedure for designation and assignment of district judges throughout the United States, provided by
Words "with the waters thereof" after the list of counties in each district were omitted as unnecessary and inconsistent with other sections of this chapter.
The provisions with reference to the return of process in admiralty cases, the designation of judges and their powers, and the holding of sessions for the hearing of motions and for proceedings in bankruptcy and admiralty, were omitted as unnecessary and more properly the subject of rule of court.
The provisions of
The county of Bronx, in the southern district, was formed out of a part of New York County in 1912.
Lockport was omitted as a place of holding court in the Western District. Court has not been held there for 32 years.
Changes were made in arrangement and phraseology.
Editorial Notes
Amendments
2004—Subsec. (a).
1999—Subsec. (c).
1996—Subsec. (b).
1990—Subsec. (a).
1984—Subsec. (c).
1978—Subsec. (a).
Subsec. (b).
Subsec. (c).
1970—Subsec. (c).
1967—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1978 Amendment; Savings Provision
Amendment by
Pretermission of Regular Session of Court at Hempstead and Holding of Special Session at Westbury; Procedures Applicable, Appropriations, Etc.
1 So in original. "Plattsburgh" appears twice.
§113. North Carolina
North Carolina is divided into three judicial districts to be known as the Eastern, Middle, and Western Districts of North Carolina.
Eastern District
(a) The Eastern District comprises the counties of Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Chowan, Columbus, Craven, Cumberland, Currituck, Dare, Duplin, Edgecombe, Franklin, Gates, Granville, Greene, Halifax, Harnett, Hertford, Hyde, Johnston, Jones, Lenoir, Martin, Nash, New Hanover, Northampton, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Pitt, Robeson, Sampson, Tyrrell, Vance, Wake, Warren, Washington, Wayne, Wilson, those portions of Hoke, Moore, Scotland, and Richmond counties encompassing the Fort Bragg Military Reservation and Camp Mackall, and that portion of Durham County encompassing the Federal Correctional Institution, Butner, North Carolina.
Court for the Eastern District shall be held at Elizabeth City, Fayetteville, Greenville, New Bern, Raleigh, Wilmington, and Wilson.
Middle District
(b)
Court for the Middle District shall be held at Durham, Greensboro, and Winston-Salem.
Western District
(c) The Western District comprises the counties of Alexander, Alleghany, Anson, Ashe, Avery, Buncombe, Burke, Caldwell, Catawba, Cherokee, Clay, Cleveland, Gaston, Graham, Haywood, Henderson, Iredell, Jackson, Lincoln, McDowell, Macon, Madison, Mecklenburg, Mitchell, Polk, Rutherford, Swain, Transylvania, Union, Watauga, Wilkes, and Yancey.
Court for the Western District shall be held at Asheville, Bryson City, Charlotte, Shelby, and Statesville.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §179 (Mar. 3, 1911, ch. 231, §98,
References to civil and criminal terms at Raleigh were omitted as more properly the subject of rule of court.
The following language at the end of
The first sentence is superfluous in view of other sections of this title governing the appointment and compensation of the judges, clerks and marshals of the district courts and of district attorneys. The last sentence is obsolete, having been enacted in 1927, and being limited to cases affected by the creation of the middle district.
Provisions for maintenance of offices by the clerks at certain cities were omitted. (See Reviser's Note under
Provisions for furnishing rooms and accommodations at Durham, Rockingham, and Winston-Salem were omitted as obsolete upon advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available in such places.
The provisions respecting court accommodations at Bryson City and Shelby were omitted as covered by
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
2021—Subsec. (a).
Subsec. (b).
1992—Subsec. (a).
1980—Subsec. (a).
Subsec. (b).
Subsec. (c).
1965—
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Effective Date of 1980 Amendment; Savings Provisions
Amendment by
§114. North Dakota
North Dakota constitutes one judicial district.
Court shall be held at Bismarck, Fargo, Grand Forks, and Minot.
(Added
Editorial Notes
Prior Provisions
A prior section 114, act June 25, 1948, ch. 646,
§115. Ohio
Ohio is divided into two judicial districts to be known as the Northern and Southern Districts of Ohio.
Northern District
(a) The Northern District comprises two divisions.
(1) The Eastern Division comprises the counties of Ashland, Ashtabula, Carroll, Columbiana, Crawford, Cuyahoga, Geauga, Holmes, Lake, Lorain, Mahoning, Medina, Portage, Richland, Stark, Summit, Trumbull, Tuscarawas, and Wayne.
Court for the Eastern Division shall be held at Cleveland, Youngstown, and Akron.
(2) The Western Division comprises the counties of Allen, Auglaize, Defiance, Erie, Fulton, Hancock, Hardin, Henry, Huron, Lucas, Marion, Mercer, Ottawa, Paulding, Putnam, Sandusky, Seneca, Van Wert, Williams, Woods, and Wyandot.
Court for the Western Division shall be held at Lima and Toledo.
Southern District
(b) The Southern District comprises two divisions.
(1) The Western Division comprises the counties of Adams, Brown, Butler, Champaign, Clark, Clermont, Clinton, Darke, Greene, Hamilton, Highland, Lawrence, Miami, Montgomery, Preble, Scioto, Shelby, and Warren.
Court for the Western Division shall be held at Cincinnati and Dayton.
(2) The Eastern Division comprises the counties of Athens, Belmont, Coshocton, Delaware, Fairfield, Fayette, Franklin, Gallia, Guernsey, Harrison, Hocking, Jackson, Jefferson, Knox, Licking, Logan, Madison, Meigs, Monroe, Morgan, Morrow, Muskingum, Noble, Perry, Pickaway, Pike, Ross, Union, Vinton, and Washington.
Court for the Eastern Division shall be held at Columbus 1 St. Clairsville, and Steubenville.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §181 (Mar. 3, 1911, ch. 231, §100,
Other provisions of said
Provisions relating to the place of institution or trial of prosecutions and civil actions and transfer thereof were omitted. Such provisions, as to civil cases, are covered by
The provision respecting court accommodations at Lima was omitted as covered by
Changes were made in arrangement and phraseology.
Editorial Notes
Amendments
2002—Subsec. (b)(2).
1954—Subsec. (a)(1). Act Feb. 10, 1954, provided for holding court at Akron.
1 So in original. Probably should be followed by a comma.
§116. Oklahoma
Oklahoma is divided into three judicial districts to be known as the Northern, Eastern, and Western Districts of Oklahoma.
Northern District
(a) The Northern District comprises the counties of Craig, Creek, Delaware, Mayes, Nowata, Osage, Ottawa, Pawnee, Rogers, Tulsa, and Washington.
Court for the Northern District shall be held at Bartlesville, Miami, Pawhuska, Tulsa, and Vinita.
Eastern District
(b) The Eastern District comprises the counties of Adair, Atoka, Bryan, Carter, Cherokee, Choctaw, Coal, Haskell, Hughes, Johnston, Latimer, Le Flore Love, McCurtain, McIntosh, Marshall, Murray, Muskogee, Okfuskee, Okmulgee, Pittsburg, Pontotoc, Pushmataha, Seminole, Sequoyah, and Wagoner.
Court for the Eastern District shall be held at Ada, Ardmore, Durant, Hugo, Muskogee, Okmulgee, Poteau, and S. McAlester.
Western District
(c) The Western District comprises the counties of Alfalfa, Beaver, Beckham, Blaine, Caddo, Canadian, Cimarron, Cleveland, Comanche, Cotton, Custer, Dewey, Ellis, Garfield, Garvin, Grady, Grant, Greer, Harmon, Harper, Jackson, Jefferson, Kay, Kingfisher, Kiowa, Lincoln, Logan, McClain, Major, Noble, Oklahoma, Payne, Pottawatomie, Roger Mills, Stephens, Texas, Tillman, Washita, Woods, and Woodward.
Court for the Western District shall be held at Chickasha, Enid, Guthrie, Lawton, Mangum, Oklahoma City, Pauls Valley, Ponca City, Shawnee, and Woodward.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§182, 182a (Mar. 3, 1911, ch. 231, §101,
Provisions for furnishing rooms and accommodations at Ada, Bartlesville, Mangum, Miami, Okmulgee, and Ponca City were omitted as obsolete, on advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available at such places.
A provision making inoperative the requirement for furnishing court accommodations without cost to the United States whenever the same shall be provided in federal buildings at Shawnee, was omitted as unnecessary. When such buildings become available the Director will, under
A provision for adjournment of any term by an order made in chambers, is incorporated in
Provisions relating to maintenance of offices by the clerks were omitted as covered by
The provisions respecting court accommodations at Durant, Hugo, Poteau, Pauls Valley, Pawhuska, and Shawnee were omitted as covered by
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1966—
Statutory Notes and Related Subsidiaries
Effective Date of 1966 Amendment
§117. Oregon
Oregon constitutes one judicial district.
Court shall be held at Coquille, Eugene or Springfield, Klamath Falls, Medford, Pendleton, and Portland.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §183 (Mar. 3, 1911, ch. 231, §102,
Provisions relating to appointment and residence of deputies by the clerk and marshal, and maintenance of offices by said officers, were omitted as covered by sections 541 [see 561], 542 [see 561], and 751 of this title.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
2000—
1970—
1950—Act Aug. 3, 1950, provided for holding court at Eugene.
§118. Pennsylvania
Pennsylvania is divided into three judicial districts to be known as the Eastern, Middle, and Western Districts of Pennsylvania.
Eastern District
(a) The Eastern District comprises the counties of Berks, Bucks, Chester, Delaware, Lancaster, Lehigh, Montgomery, Northampton, and Philadelphia.
Court for the Eastern District shall be held at Allentown, Easton, Lancaster, Reading, and Philadelphia.
Middle District
(b) The Middle District comprises the counties of Adams, Bradford, Cameron, Carbon, Centre, Clinton, Columbia, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lackawanna, Lebanon, Luzerne, Lycoming, Mifflin, Monroe, Montour, Northumberland, Perry, Pike, Potter, Schuylkill, Snyder, Sullivan, Susquehanna, Tioga, Union, Wayne, Wyoming, and York.
Court for the Middle District shall be held at Harrisburg, Lewisburg, Scranton, Wilkes-Barre, and Williamsport.
Western District
(c) The Western District comprises the counties of Allegheny, Armstrong, Beaver, Bedford, Blair, Butler, Cambria, Clarion, Clearfield, Crawford, Elk, Erie, Fayette, Forest, Greene, Indiana, Jefferson, Lawrence, McKean, Mercer, Somerset, Venango, Warren, Washington, and Westmoreland.
Court for the Western District shall be held at Erie, Johnstown, and Pittsburgh.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §184 (Mar. 3, 1911, ch. 231, §103,
Provisions relating to maintenance of offices at certain places by the clerks and marshals were omitted as covered by sections 541 [see 561] and 751 of this title.
Provisions for the continuance of terms were omitted as covered by
Provisions with respect to the return of process, and the places of keeping court papers, were omitted as matters for determination by rule of court or for the action of the judicial council in cooperation with the Administrative Office of the United States Courts.
The provisions for trial of cases at Lewisburg and Erie unless counsel consent to trial elsewhere were omitted as inconsistent with the uniform practice provided by this title.
Changes were made in phraseology and arrangement.
Senate Revision Amendment
By Senate amendment to the bill, Blair County was transferred from the Middle District to the Western District of Pennsylvania. This was in conformity with Act July 11, 1947, ch. 224,
Editorial Notes
Amendments
1998—Subsec. (a).
Subsec. (b).
1992—Subsec. (a).
1978—Subsec. (c).
1970—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
"(1) This section [amending this section] and the amendments made by this section shall take effect 180 days after the date of the enactment of this Act [Oct. 21, 1998].
"(2) This section and the amendments made by this section shall not affect any action commenced before the effective date of this section and pending on such date in the United States District Court for the Eastern District of Pennsylvania.
"(3) This section and the amendments made by this section shall not affect the composition, or preclude the service, of any grand or petit jury summoned, impaneled, or actually serving on the effective date of this section."
§119. Puerto Rico
Puerto Rico constitutes one judicial district.
Court shall be held at Mayaguez, Ponce, and San Juan.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on
Section consolidates parts of
The provision of
The provisions of
The provisions of
The provision of
The provision of
The provision of
Other provisions of
§120. Rhode Island
Rhode Island constitutes one judicial district.
Court shall be held at Providence.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §185 (Mar. 3, 1911, ch. 231, §104,
Changes in phraseology were made.
§121. South Carolina
South Carolina constitutes one judicial district comprising eleven divisions.
(1) The Charleston Division comprises the counties of Berkeley, Charleston, Clarendon, Colleton, Dorchester, and Georgetown.
Court for the Charleston Division shall be held at Charleston.
(2) The Columbia Division comprises the counties of Kershaw, Lee, Lexington, Richland, and Sumter.
Court for the Columbia Division shall be held at Columbia.
(3) The Florence Division comprises the counties of Chesterfield, Darlington, Dillon, Florence, Horry, Marion, Marlboro, and Williamsburg.
Court for the Florence Division shall be held at Florence.
(4) The Aiken Division comprises the counties of Aiken, Allendale, and Barnwell.
Court for the Aiken Division shall be held at Aiken.
(5) The Orangeburg Division comprises the counties of Bamberg, Calhoun, and Orangeburg.
Court for the Orangeburg Division shall be held at Orangeburg.
(6) The Greenville Division comprises the counties of Greenville and Laurens.
Court for the Greenville Division shall be held at Greenville.
(7) The Rock Hill Division comprises the counties of Chester, Fairfield, Lancaster, and York.
Court for the Rock Hill Division shall be held at Rock Hill.
(8) The Greenwood Division comprises the counties of Abbeville, Edgefield, Greenwood, McCormick, Newberry, and Saluda.
Court for the Greenwood Division shall be held at Greenwood.
(9) The Anderson Division comprises the counties of Anderson, Oconee, and Pickens.
Court for the Anderson Division shall be held at Anderson.
(10) The Spartanburg Division comprises the counties of Cherokee, Spartanburg, and Union.
Court for the Spartanburg Division shall be held at Spartanburg.
(11) The Beaufort Division comprises the counties of Beaufort, Hampton, and Jasper.
Court for the Beaufort Division shall be held at Beaufort.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §186 (Mar. 3, 1911, ch. 231, §105,
The last sentence of
A provision relating to the places of the clerks' offices was omitted as covered by
The provision respecting court accommodations at Orangeburg was omitted as covered by
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1991—Par. (4).
Par. (11).
1986—
Par. (1).
Par. (11).
1965—
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
"(a)
"(2) The amendment made by section 4 [enacting this note] takes effect on the date of the enactment of this Act.
"(b)
"(c)
Effective Date of 1965 Amendment
Consolidation of South Carolina Into a Single Judicial District
§122. South Dakota
South Dakota constitutes one judicial district comprising four divisions.
(1) The Northern Division comprises the counties of Brown, Campbell, Clark, Codington, Corson, Day, Deuel, Edmonds, Grant, Hamlin, McPherson, Marshall, Roberts, Spink, and Walworth.
Court for the Northern Division shall be held at Aberdeen.
(2) The Southern Division comprises the counties of Aurora, Beadle, Bon Homme, Brookings, Brule, Charles Mix, Clay, Davison, Douglas, Hanson, Hutchinson, Kingsbury, Lake, Lincoln, McCook, Miner, Minnehaha, Moody, Sanborn, Turner, Union, and Yankton.
Court for the Southern Division shall be held at Sioux Falls.
(3) The central division comprises the counties of Buffalo, Dewey, Faulk, Gregory, Haakon, Hand, Hughes, Hyde, Jerauld, Jones, Lyman, Mellette, Potter, Stanley, Sully, Todd, Tripp, and Ziebach.
Court for the Central Division shall be held at Pierre.
(4) The Western Division comprises the counties of Bennett, Butte, Custer, Fall River, Harding, Jackson, Lawrence, Meade, Pennington, Perkins, and Shannon.
Court for the Western Division shall be held at Deadwood and Rapid City.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §187 (Mar. 3, 1911, ch. 231, §106,
A provision relating to maintenance of offices by the clerk was omitted as covered by
Provisions that the Northern Division included Lake Traverse Indian Reservation and that part of Standing Rock Indian Reservation lying in South Dakota; that the Southern Division included the Yorkton Indian Reservation; that the Central Division included the Cheyenne River, Lower Brule, and Crow Creek Indian Reservations; and that the Western Division included Rosebud and Pine Ridge Indian Reservations, were all omitted as surplusage. (See Reviser's Note under
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1990—Par. (3).
Par. (4).
1972—Par. (2).
Par. (3).
Par. (4).
1966—
§123. Tennessee
Tennessee is divided into three judicial districts to be known as the Eastern, Middle, and Western Districts of Tennessee.
Eastern District
(a) The Eastern District comprises four divisions.
(1) The Northern Division comprises the counties of Anderson, Blount, Campbell, Claiborne, Grainger, Jefferson, Knox, Loudon, Monroe, Morgan, Roane, Scott, Sevier, and Union.
Court for the Northern Division shall be held at Knoxville.
(2) The Northeastern Division comprises the counties of Carter, Cocke, Greene, Hamblen, Hancock, Hawkins, Johnson, Sullivan, Unicoi, and Washington.
Court for the Northeastern Division shall be held at Greenville.
(3) The Southern Division comprises the counties of Bledsoe, Bradley, Hamilton, McMinn, Marion, Meigs, Polk, Rhea, and Sequatchie.
Court for the Southern Division shall be held at Chattanooga.
(4) The Winchester Division comprises the counties of Bedford, Coffee, Franklin, Grundy, Lincoln, Moore, Van Buren, and Warren.
Court for the Winchester Division shall be held at Winchester.
Middle District
(b) The Middle District comprises three divisions.
(1) The Nashville Division comprises the counties of Cannon, Cheatham, Davidson, Dickson, Houston, Humphreys, Montgomery, Robertson, Rutherford, Stewart, Sumner, Trousdale, Williamson, and Wilson.
Court for the Nashville Division shall be held at Nashville.
(2) The Northeastern Division comprises the counties of Clay, Cumberland, De Kalb, Fentress, Jackson, Macon, Overton, Pickett, Putnam, Smith, and White.
Court for the Northeastern Division shall be held at Cookeville.
(3) The Columbia Division comprises the counties of Giles, Hickman, Lawrence, Lewis, Marshall, Maury, and Wayne.
Court for the Columbia Division shall be held at Columbia.
Western District
(c) The Western District comprises two divisions.
(1) The Eastern Division comprises the counties of Benton, Carroll, Chester, Crockett, Decatur, Dyer, Gibson, Hardeman, Hardin, Haywood, Henderson, Henry, Lake, McNairy, Madison, Obion, Perry, and Weakley.
The Eastern Division also includes the waters of Tennessee River to low-water mark on the eastern shore wherever such river forms the boundary between the western and middle districts from the north line of Alabama north to the point in Henry County, Tennessee, where the south boundary of Kentucky strikes the east bank of the river.
Court for the Eastern Division shall be held at Jackson and Dyersburg.
(2) The Western Division comprises the counties of Fayette, Lauderdale, Shelby, and Tipton.
Court for the Western Division shall be held at Memphis.
The district judge for the Eastern District in office on November 27, 1940, shall hold court in the Northern and Northeastern Divisions. The other judge of that district shall hold the terms of court in the Southern and Winchester Divisions. Each may appoint and remove all officers and employees of the court whose official headquarters are located in the divisions within which he holds court and whose appointments are vested by law in a district judge or chief judge of a district.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §188 (Mar. 3, 1911, ch. 231, §107,
Words "The said judge shall possess the same powers, perform the same duties, and receive the same compensation as other district judges," and words, "The President is authorized to appoint, by and with the consent of the Senate, a successor or successors to said judge as vacancies may occur. Nothing herein contained shall be construed to prevent said judge or his successors from becoming the senior district judge by succession, or from exercising the powers and rights of senior district judge of said district. The judge designated herein to hold regular and special terms of court at Winchester and Chattanooga shall make all necessary orders for the disposition of business and assignment of cases for trial in said divisions," were deleted as superfluous, in view of
Words "The district attorneys and marshals for the eastern, middle, and western districts of Tennessee in office immediately prior to November 27, 1940, shall be during the remainder of their present terms of office the district attorneys and marshals for such districts as constituted by this section. The district judge for the middle district of Tennessee shall be the district judge for the middle district of Tennessee as constituted by this section and shall hold regular and special terms of court at Nashville, Columbia, and Cookeville. The district judge for the western district of Tennessee shall hold regular and special terms of court at Memphis and Jackson," at the end of the section, were deleted as temporary, and as superfluous, in view of the remainder of the section, prescribing the places for holding terms of court.
A provision for furnishing rooms and accommodations by the local authorities for holding court at Columbia "but only until such time as such accommodations shall be provided upon the recommendation of the Director of the Administrative Office of the United States Courts in a public building or other quarters provided by the Federal Government for such purpose," was omitted on advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available.
An identical provision with reference to Winchester is retained in part, but the words quoted above were omitted as unnecessary since, when such buildings become available, the Director will, under
The last paragraph of the revised section consolidates the provisions of paragraphs (e) and (f) of
Provisions relating to appointment and residence of deputy marshals and maintenance of clerk's office, were omitted as covered by sections 542 [see 561] and 751 of this title.
The clerk of court in a letter dated February 7, 1945, calls attention to a rule of court providing for hearing of all bankruptcy matters arising in Haywood County at Jackson in the eastern division of the western district.
The provision respecting court accommodations at Winchester was omitted as covered by
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
2008—Subsec. (c)(1).
Subsec. (c)(2).
1970—Subsec. (c)(1).
Subsec. (c)(2).
1961—Subsec. (c)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
"(1)
"(2)
"(3)
§124. Texas
Texas is divided into four judicial districts to be known as the Northern, Southern, Eastern, and Western Districts of Texas.
Northern District
(a) The Northern District comprises seven divisions.
(1) The Dallas Division comprises the counties of Dallas, Ellis, Hunt, Johnson, Kaufman, Navarro, and Rockwall.
Court for the Dallas Division shall be held at Dallas.
(2) The Fort Worth Division comprises the counties of Comanche, Erath, Hood, Jack, Palo Pinto, Parker, Tarrant, and Wise.
Court for the Fort Worth Division shall be held at Fort Worth.
(3) The Abilene Division comprises the counties of Callahan, Eastland, Fisher, Haskell, Howard, Jones, Mitchell, Nolan, Shackleford, Stephens, Stonewall, Taylor, and Throckmorton.
Court for the Abilene Division shall be held at Abilene.
(4) The San Angelo Division comprises the counties of Brown, Coke, Coleman, Concho, Crockett, Glasscock, Irion, Menard, Mills, Reagan, Runnels, Schleicher, Sterling, Sutton, and Tom Green.
Court for the San Angelo Division shall be held at San Angelo.
(5) The Amarillo Division comprises the counties of Armstrong, Brisco, Carson, Castro, Childress, Collingsworth, Dallam, Deaf Smith, Donley, Gray, Hall, Hansford, Hartley, Hemphill, Hutchinson, Lipscomb, Moore, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Sherman, Swisher, and Wheeler.
Court for the Amarillo Division shall be held at Amarillo.
(6) The Wichita Falls Division comprises the counties of Archer, Baylor, Clay, Cottle, Foard, Hardeman, King, Knox, Montague, Wichita, Wilbarger, and Young.
Court for the Wichita Falls Division shall be held at Wichita Falls.
(7) The Lubbock Division comprises the counties of Bailey, Borden, Cochran, Crosby, Dawson, Dickens, Floyd, Gaines, Garza, Hale, Hockley, Kent, Lamb, Lubbock, Lynn, Motley, Scurry, Terry, and Yoakum.
Court for the Lubbock Division shall be held at Lubbock.
Southern District
(b) The Southern District comprises seven divisions.
(1) The Galveston Division comprises the counties of Brazoria, Chambers, Galveston, and Matagorda.
Court for the Galveston Division shall be held at Galveston.
(2) The Houston Division comprises the counties of Austin, Brazos, Colorado, Fayette, Fort Bend, Grimes, Harris, Madison, Montgomery, San Jacinto, Walker, Waller, and Wharton.
Court for the Houston Division shall be held at Houston.
(3) The Laredo Division comprises the counties of Jim Hogg, La Salle, McMullen, Webb, and Zapata.
Court for the Laredo Division shall be held at Laredo.
(4) The Brownsville Division comprises the counties of Cameron and Willacy.
Court for the Brownsville Division shall be held at Brownsville.
(5) The Victoria Division comprises the counties of Calhoun, DeWitt, Goliad, Jackson, Lavaca, Refugio, and Victoria.
Court for the Victoria Division shall be held at Victoria.
(6) The Corpus Christi Division comprises the counties of Aransas, Bee, Brooks, Duval, Jim Wells, Kenedy, Kleberg, Live Oak, Nueces, and San Patricio.
Court for the Corpus Christi Division shall be held at Corpus Christi.
(7) The McAllen Division comprises the counties of Hidalgo and Starr.
Court for the McAllen Division shall be held at McAllen.
Eastern District
(c) The Eastern District comprises seven divisions.
(1) The Tyler Division comprises the counties of Anderson, Cherokee, Gregg, Henderson, Panola, Rains, Rusk, Smith, Van Zandt, and Wood.
Court for Tyler Division will be held at Tyler.
(2) The Beaumont Division comprises the counties of Hardin, Jasper, Jefferson, Liberty, Newton, and Orange.
Court for the Beaumont Division is to be held at Beaumont.
(3) The Sherman Division comprises the counties of Collin, Cook, Delta, Denton, Fannin, Grayson, Hopkins, and Lamar.
Court for the Sherman Division shall be held at Sherman and Plano.
(4) The Marshall Division comprises the counties of Camp, Cass, Harrison, Marion, Morris, and Upshur.
Court for the Marshall Division shall be held at Marshall.
(5) The Texarkana Division comprises the counties of Bowie, Franklin, Red River, and Titus.
Court for the Texarkana Division shall be held at Texarkana, and may be held anywhere within the Federal courthouse in Texarkana that is located astride the State line between Texas and Arkansas.
(6) The Lufkin Division comprises the counties of Angelina, Houston, Nacogdoches, Polk, Sabine, San Augustine, Shelby, Trinity, and Tyler.
Court for the Lufkin Division shall be held at Lufkin.
Western District
(d) The Western District comprises seven divisions.
(1) The Austin Division comprises the counties of Bastrop, Blanco, Burleson, Burnet, Caldwell, Gillespie, Hays, Kimble, Lampasas, Lee, Llano, Mason, McCulloch, San Saba, Travis, Washington, and Williamson.
Court for the Austin Division shall be held at Austin.
(2) The Waco Division comprises the counties of Bell, Bosque, Coryell, Falls, Freestone, Hamilton, Hill, Leon, Limestone, McLennan, Milam, Robertson, and Somervell.
Court for the Waco Division shall be held at Waco.
(3) The El Paso Division comprises the county of El Paso.
Court for the El Paso Division shall be held at El Paso.
(4) The San Antonio Division comprises the counties of Atascosa, Bandera, Bexar, Comal, Dimmit, Frio, Gonzales, Guadalupe, Karnes, Kendall, Kerr, Medina, Real, and Wilson.
Court for the San Antonio Division shall be held at San Antonio.
(5) The Del Rio Division comprises the counties of Edwards, Kinney, Maverick, Terrell, Uvalde, Val Verde, and Zavalla.
Court for the Del Rio Division shall be held at Del Rio.
(6) The Pecos Division comprises the counties of Brewster, Culberson, Jeff Davis, Hudspeth, Loving, Pecos, Presidio, Reeves, Ward, and Winkler.
Court for the Pecos Division shall be held at Pecos and Alpine.
(7) The Midland-Odessa Division comprises the counties of Andrews, Crane, Ector, Martin, Midland, and Upton.
Court for the Midland-Odessa Division shall be held at Midland. Court may be held, in the discretion of the court, in Odessa, when courtroom facilities are made available at no expense to the Government.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §189 (Mar. 3, 1911, ch. 231, §108,
Words "and all prosecutions against persons for offenses committed in the county of Reagan shall be tried in the court at San Angelo: Provided, That no civil or criminal cause begun and pending prior to May 29, 1924, shall be in any way affected," words "and all prosecutions against persons for offenses committed in the county of Pecos shall be tried in the district court at El Paso, or Pecos City: Provided, That no civil or criminal cause begun and pending prior to March 2, 1923, shall be in any way affected," and words "Provided, That no civil or criminal cause commenced prior to June 24, 1930, shall be in any way affected," were all deleted as superseded by Federal Rules of Criminal Procedure, Rules 18–22, and as obsolete, in view of the lapse of time after the dates included in such provisions.
Provisions for furnishing rooms and accommodations at Pecos and Wichita Falls were omitted as obsolete, on advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available at such places.
Provisions relating to the maintenance of offices at various cities by the clerks were omitted as covered by
Provisions that process against residents of Pecos County shall issue from and be returnable to the court at Pecos City and against residents of Reagan County at San Angelo, were omitted since such matter can be regulated more appropriately by court rule or order. (See Rule 4 of Federal Rules of Civil Procedure.)
The provisions requiring notice to be given for time of holding court in Pecos division and at Corpus Christi, were omitted as covered by
Five counties included in this section were created since the enactment of
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
2024—Subsec. (d)(6).
2004—Subsec. (c)(5).
2003—Subsec. (c)(3).
Subsec. (c)(4) to (7).
"Court for the Paris Division shall be held at Paris."
1984—Subsec. (b).
Subsec. (b)(4).
Subsec. (b)(7).
1980—Subsec. (b)(2).
Subsec. (c).
1967—Subsec. (d).
Subsec. (d)(3).
Subsec. (d)(6).
Subsec. (d)(7).
1964—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c)(4).
Subsec. (c)(5).
1961—Subsec. (c)(5).
1957—Subsec. (c)(1).
Subsec. (c)(2).
1954—Subsec. (d)(4). Act Feb. 10, 1954, §2(b)(9)(a), struck out Edwards County from list of counties comprising San Antonio Division of Western District.
Subsec. (d)(5). Act Feb. 10, 1954, §2(b)(9)(b), inserted Edwards County in list of counties comprising Del Rio Division of Western District.
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
"(1)
"(2)
"(3)
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1980 Amendment; Savings Provision
Amendment by
§125. Utah
Utah constitutes one judicial district comprising two divisions.
(1) The Northern Division comprises the counties of Box Elder, Cache, Davis, Morgan, Rich, and Weber.
Court for the Northern Division shall be held at Salt Lake City and Ogden.
(2) The Central Division comprises the counties of Beaver, Carbon, Daggett, Duchesne, Emery, Garfield, Grand, Iron, Juab, Kane, Millard, Piute, Salt Lake, San Juan, Sanpete, Sevier, Summit, Tooele, Uintah, Utah, Wasatch, Washington, and Wayne.
Court for the Central Division shall be held at Salt Lake City, Provo, and St. George.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §190 (Mar. 3, 1911, ch. 231, §109,
A provision relating to the maintenance of offices by the clerk was omitted as covered by
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1996—Par. (1).
Par. (2).
§126. Vermont
Vermont constitutes one judicial district.
Court shall be held at Bennington, Brattleboro, Burlington, Montpelier, Rutland, Saint Johnsbury, and Windsor.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §191 (Mar. 3, 1911, ch. 231, §110,
Provision that "any stated term may, when adjourned, be adjourned to meet at any of the other places at Montpelier or Newport," was omitted as unnecessary and inconsistent with
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1984—
1964—
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by
§127. Virginia
Virginia is divided into two judicial districts, to be known as the Eastern and Western districts of Virginia.
Eastern District
(a) The Eastern District comprises the counties of Accomac, Amelia, Arlington, Brunswick, Caroline, Charles City, Chesterfield, Dinwiddie, Elizabeth City, Essex, Fairfax, Fauquier, Gloucester, Goochland, Greensville, Hanover, Henrico, Isle of Wight, James City, King and Queen, King George, King William, Lancaster, Loudoun, Lunenburg, Mathews, Mecklenburg, Middlesex, Nansemond, New Kent, Norfolk, Northampton, Northumberland, Nottoway, Powhatan, Prince Edward, Prince George, Prince William, Princess Anne, Richmond, Southampton, Spotsylvania, Stafford, Surry, Sussex, Warwick, Westmoreland, and York.
Court for the Eastern District shall be held at Alexandria, Newport News, Norfolk, and Richmond.
Western District
(b) The Western District comprises the counties of Albemarle, Alleghany, Amherst, Appomattox, Augusta, Bath, Bedford, Bland, Botetourt, Buchanan, Buckingham, Campbell, Carroll, Charlotte, Clarke, Craig, Culpeper, Cumberland, Dickenson, Floyd, Fluvanna, Franklin, Frederick, Giles, Grayson, Greene, Halifax, Henry, Highland, Lee, Louisa, Madison, Montgomery, Nelson, Orange, Page, Patrick, Pittsylvania, Pulaski, Rappahannock, Roanoke, Rockbridge, Rockingham, Russell, Scott, Shenandoah, Smyth, Tazewell, Warren, Washington, Wise, and Wythe.
Court for the Western District shall be held at Abingdon, Big Stone Gap, Charlottesville, Danville, Harrisonburg, Lynchburg, and Roanoke.
(c) Cities and incorporated towns are included in that district in which are included the counties within the exterior boundaries of which such cities and incorporated towns are geographically located or out of the territory of which they have been incorporated.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§192 and 192a, and
A provision of
Changes in arrangement and phraseology were made.
Senate Revision Amendment
By Senate amendment, "Newport News" was inserted after "Alexandria" in second paragraph of subsection (a) of this section. See 80th Congress Senate Report No. 1559.
Editorial Notes
Amendments
1991—Subsec. (a).
Subsec. (b).
1968—Subsec. (c).
Statutory Notes and Related Subsidiaries
Applicability of 1991 Amendments
"(a)
"(b)
§128. Washington
Washington is divided into two judicial districts to be known as the Eastern and Western Districts of Washington.
Eastern District
(a) The Eastern District comprises the counties of Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, and Yakima.
Court for the Eastern District shall be held at Spokane, Yakima, Walla Walla, and Richland.
Western District
(b) The Western District comprises the counties of Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, King, Kitsap, Lewis, Mason, Pacific, Pierce, San Juan, Skagit, Skamania, Snohomish, Thurston, Wahkiakum, and Whatcom.
Court for the Western District shall be held at Bellingham, Seattle, Tacoma, Mount Vernon, and Vancouver.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §193 (Mar. 3, 1911, ch. 231, §112,
Words "with the waters thereof," after the list of counties in each division, were omitted as unnecessary, and in view of the absence of such words in most similar sections relating to other States.
A provision relating to the maintenance of offices by the clerks were omitted as covered by
Provisions that the counties in both divisions of the eastern district included all Indian reservations in such counties and that the counties in both divisions of the western district included all Indian reservations in such counties were omitted as surplusage. (See Reviser's Note under
Pend Oreille County of the northern division of the eastern district and Grays Harbor of the southern division of the western district were created since the enactment of the Judicial Code.
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
2024—Subsec. (b).
2007—Subsec. (b).
1970—Subsec. (a).
Subsec. (b).
1962—Subsec. (a)(2).
§129. West Virginia
West Virginia is divided into two judicial districts to be known as the Northern and Southern Districts of West Virginia.
Northern District
(a) The Northern District comprises the counties of Barbour, Berkeley, Braxton, Brooke, Calhoun, Doddridge, Gilmer, Grant, Hampshire, Hancock, Hardy, Harrison, Jefferson, Lewis, Marion, Marshall, Mineral, Monongalia, Morgan, Ohio, Pendleton, Pleasants, Pocahontas, Preston, Randolph, Ritchie, Taylor, Tucker, Tyler, Upshur, Webster, and Wetzel.
Court for the Northern District shall be held at Clarksburg, Elkins, Fairmont, Martinsburg, and Wheeling.
Southern District
(b) The Southern District comprises the counties of Boone, Cabell, Clay, Fayette, Greenbrier, Jackson, Kanawha, Lincoln, Logan, McDowell, Mason, Mercer, Mingo, Monroe, Nicholas, Putnam, Raleigh, Roane, Summers, Wayne, Wirt, Wood, and Wyoming.
Court for the Southern District shall be held at Beckley, Bluefield, Charleston, Huntington, Lewisburg, and Parkersburg.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §194 (Mar. 3, 1911, ch. 231, §113,
Words "with the waters thereof," after the list of counties in each district, were omitted as unnecessary, and in view of the absence of such words in similar sections relating to other States.
Provisions relating to special terms of court were omitted as covered by
A provision that the term at Fairmont be held "when suitable rooms and accommodations for holding terms of the court shall be furnished at Fairmont free of cost to the United States or until, subject to the recommendation of the Attorney General of the United States with respect to providing such rooms and accommodations for holding court at Fairmont, a Federal building containing such suitable rooms and accommodations for holding court shall be erected at such place," was omitted as obsolete on advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available.
Provisions respecting court accommodations at Beckley and Lewisburg were omitted as covered by
Changes were made in arrangement and phraseology.
Editorial Notes
Amendments
1983—Subsec. (a).
Subsec. (b).
§130. Wisconsin
Wisconsin is divided into two judicial districts to be known as the Eastern and Western districts of Wisconsin.
Eastern District
(a) The Eastern District comprises the counties of Brown, Calumet, Dodge, Door, Florence, Fond du Lac, Forest, Green Lake, Kenosha, Kewaunee, Langlade, Manitowoc, Marinette, Marquette, Menominee, Milwaukee, Oconto, Outagamie, Ozaukee, Racine, Shawano, Sheboygan, Walworth, Washington, Waukesha, Waupaca, Waushara, and Winnebago.
Court for the Eastern District shall be held at Green Bay, Milwaukee, and Oshkosh.
Western District
(b) The Western District comprises the counties of Adams, Ashland, Barron, Bayfield, Buffalo, Burnett, Chippewa, Clark, Columbia, Crawford, Dane, Douglas, Dunn, Eau Claire, Grant, Green, Iowa, Iron, Jackson, Jefferson, Juneau, La Crosse, Lafayette, Lincoln, Marathon, Monroe, Oneida, Pepin, Pierce, Polk, Portage, Price, Richland, Rock, Rusk, Saint Croix, Sauk, Sawyer, Taylor, Trempealeau, Vernon, Vilas, Washburn, and Wood.
Court for the Western District shall be held at Eau Claire, La Crosse, Madison, Superior, and Wausau.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §195 (Mar. 3, 1911, ch. 231, §114,
Provisions for keeping the courts and their offices open at all times were omitted as covered by
Provisions for maintenance of offices by the clerk and marshal, and for the appointment and residence of a deputy marshal for Superior, were omitted as covered by sections 541 [see 561], 542 [see 561], and 751 of this title.
Words "All causes and proceedings instituted in the court at Superior shall be tried therein, unless by consent of the parties, or upon the order of the court, they are transferred to another place for trial," were omitted as unnecessary. Such provision, as to civil cases, is covered by
Provisions for the return of process, including criminal warrants, at Superior and other places in the western district and for the keeping of records in the clerk's office at Superior, were omitted, since such matters can be regulated more appropriately by court rule or order. (See Federal Rules of Civil Procedure, Rule 4, and Federal Rules of Criminal Procedure, Rule 4(g).)
Changes in arrangement and phraseology were made.
Editorial Notes
Amendments
1962—Subsec. (a).
Statutory Notes and Related Subsidiaries
Designation of Judge to Hold Court, Eastern District
§131. Wyoming
Wyoming and those portions of Yellowstone National Park situated in Montana and Idaho constitute one judicial district.
Court shall be held at Casper, Cheyenne, Evanston, Lander, Jackson, and Sheridan.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on
Section consolidates
A provision of
Provisions of
Editorial Notes
Amendments
1984—
§132. Creation and composition of district courts
(a) There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district.
(b) Each district court shall consist of the district judge or judges for the district in regular active service. Justices or judges designated or assigned shall be competent to sit as judges of the court.
(c) Except as otherwise provided by law, or rule or order of court, the judicial power of a district court with respect to any action, suit or proceeding may be exercised by a single judge, who may preside alone and hold a regular or special session of court at the same time other sessions are held by other judges.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §1, and
Section consolidates
Subsection (c) is derived from
Other portions of
Editorial Notes
Amendments
1963—Subsec. (b).
Statutory Notes and Related Subsidiaries
Continuation of Organization of Court
Act June 25, 1948, ch. 646, §2(b),
§133. Appointment and number of district judges
(a) The President shall appoint, by and with the advice and consent of the Senate, district judges for the several judicial districts, as follows:
| Districts | Judges |
|---|---|
| Alabama: | |
| Northern | 8 |
| Middle | 3 |
| Southern | 3 |
| Alaska | 3 |
| Arizona | 13 |
| Arkansas: | |
| Eastern | 5 |
| Western | 3 |
| California: | |
| Northern | 14 |
| Eastern | 6 |
| Central | 28 |
| Southern | 13 |
| Colorado | 7 |
| Connecticut | 8 |
| Delaware | 4 |
| District of Columbia | 15 |
| Florida: | |
| Northern | 4 |
| Middle | 15 |
| Southern | 18 |
| Georgia: | |
| Northern | 11 |
| Middle | 4 |
| Southern | 3 |
| Hawaii | 4 |
| Idaho | 2 |
| Illinois: | |
| Northern | 22 |
| Central | 4 |
| Southern | 4 |
| Indiana: | |
| Northern | 5 |
| Southern | 5 |
| Iowa: | |
| Northern | 2 |
| Southern | 3 |
| Kansas | 6 |
| Kentucky: | |
| Eastern | 5 |
| Western | 4 |
| Eastern and Western | 1 |
| Louisiana: | |
| Eastern | 12 |
| Middle | 3 |
| Western | 7 |
| Maine | 3 |
| Maryland | 10 |
| Massachusetts | 13 |
| Michigan: | |
| Eastern | 15 |
| Western | 4 |
| Minnesota | 7 |
| Mississippi: | |
| Northern | 3 |
| Southern | 6 |
| Missouri: | |
| Eastern | 7 |
| Western | 5 |
| Eastern and Western | 2 |
| Montana | 3 |
| Nebraska | 3 |
| Nevada | 7 |
| New Hampshire | 3 |
| New Jersey | 17 |
| New Mexico | 7 |
| New York: | |
| Northern | 5 |
| Southern | 28 |
| Eastern | 15 |
| Western | 4 |
| North Carolina: | |
| Eastern | 4 |
| Middle | 4 |
| Western | 5 |
| North Dakota | 2 |
| Ohio: | |
| Northern | 11 |
| Southern | 8 |
| Oklahoma: | |
| Northern | 3 |
| Eastern | 1 |
| Western | 6 |
| Northern, Eastern, and Western | 1 |
| Oregon | 6 |
| Pennsylvania: | |
| Eastern | 22 |
| Middle | 6 |
| Western | 10 |
| Puerto Rico | 7 |
| Rhode Island | 3 |
| South Carolina | 10 |
| South Dakota | 3 |
| Tennessee: | |
| Eastern | 5 |
| Middle | 4 |
| Western | 5 |
| Texas: | |
| Northern | 12 |
| Southern | 19 |
| Eastern | 8 |
| Western | 13 |
| Utah | 5 |
| Vermont | 2 |
| Virginia: | |
| Eastern | 11 |
| Western | 4 |
| Washington: | |
| Eastern | 4 |
| Western | 7 |
| West Virginia: | |
| Northern | 3 |
| Southern | 5 |
| Wisconsin: | |
| Eastern | 5 |
| Western | 2 |
| Wyoming | 3. |
(b)(1) In any case in which a judge of the United States (other than a senior judge) assumes the duties of a full-time office of Federal judicial administration, the President shall appoint, by and with the advice and consent of the Senate, an additional judge for the court on which such judge serves. If the judge who assumes the duties of such full-time office leaves that office and resumes the duties as an active judge of the court, then the President shall not appoint a judge to fill the first vacancy which occurs thereafter in that court.
(2) For purposes of paragraph (1), the term "office of Federal judicial administration" means a position as Director of the Federal Judicial Center, Director of the Administrative Office of the United States Courts, or Counselor to the Chief Justice.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §1 and notes;