§114. North Dakota

North Dakota constitutes one judicial district comprising four divisions.

(1) The Southwestern Division comprises the counties of Adams, Billings, Bowman, Burleigh, Dunn, Emmons, Golden Valley, Grant, Hettinger, Kidder, Logan, McIntosh, McLean, Mercer, Morton, Oliver, Sioux, Slope, and Stark.

Court for the Southwestern Division shall be held at Bismarck.

(2) The Southeastern Division comprises the counties of Barnes, Cass, Dickey, Eddy, Foster, Griggs, La Moure, Ransom, Richland, Sargent, Steele, and Stutsman.

Court for the Southeastern Division shall be held at Fargo.

(3) The Northeastern Division comprises the counties of Benson, Cavalier, Grand Forks, Nelson, Pembina, Ramsey, Rolette, Towner, Traill, and Walsh.

Court for the Northeastern Division shall be held at Grand Forks.

(4) The Northwestern Division comprises the counties of Bottineau, Burke, Divide, McHenry, McKenzie, Mountrail, Pierce, Renville, Sheridan, Ward, Wells, and Williams.

Court for the Northwestern Division shall be held at Minot.

(June 25, 1948, ch. 646, 62 Stat. 886 ; Pub. L. 95–408, §3(b), Oct. 2, 1978, 92 Stat. 883 .)

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §180 (Mar. 3, 1911, ch. 231, §99, 36 Stat. 1121 ; Feb. 5, 1912, ch. 28, 37 Stat. 60 ; July 17, 1916, ch. 248, 39 Stat. 386 ; Apr. 10, 1926, ch. 112, 44 Stat. 237 ; June 3, 1930, ch. 394, 46 Stat. 495 ; June 29, 1932, ch. 305, 47 Stat. 341 ; June 19, 1934, ch. 664, 48 Stat. 1120 ; Dec. 16, 1944, ch. 604, 58 Stat. 814 ).

A provision relating to maintenance of offices by the clerk was omitted as covered by section 751 of this title.

The provision that Indian reservations shall constitute parts of the divisions within which they are situated was omitted as surplusage. Similar provisions, relating to reservations in South Dakota and Washington, respectively, appeared in sections 187 and 193 of said title 28, on which sections 122 and 128 of this title are based. They were omitted for the same reason. Such provisions did not appear in sections respecting other States containing Indian reservations.

Jamestown and Devils Lake were omitted as places of holding court. The Director of the Administrative Office of the United States Courts, the district judge, and the senior circuit judge advise that court has not been held in these places for many years.

Changes in arrangement and phraseology were made.

Amendments

1978-Par. (2). Pub. L. 95–408, §3(b)(1), struck out Sheridan and Wells from the counties comprising the Southeastern Division.

Par. (3). Pub. L. 95–408, §3(b)(2), struck out Bottineau, McHenry and Pierce from the counties comprising the Northeastern Division.

Par. (4). Pub. L. 95–408, §3(b)(3), added Bottineau, McHenry, Pierce, Sheridan and Wells to those counties comprising the Northwestern Division.

Effective Date of 1978 Amendment; Savings Provision

Amendment by Pub. L. 95–408 effective 180 days after Oct. 2, 1978, with such amendment not to 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, see section 5 of Pub. L. 95–408, set out as a note under section 89 of this title.