§ 140. Adjournment

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(a)Any district court may, by order made anywhere within its district, adjourn or, with the consent of the judicial council of the circuit, pretermit any regular session of court for insufficient business or other good cause.

(b)If the judge of a district court is unable to attend and unable to make an order of adjournment, the clerk may adjourn the court to the next regular session or to any earlier day which he may determine.

(June 25, 1948, ch. 646, 62 Stat. 897; Pub. L. 88–139, § 1, Oct. 16, 1963, 77 Stat. 248.)

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§ 16, 146, 182 (Mar. 3, 1911, ch. 231, §§ 12, 73, 101, 36 Stat. 1088, 1108, 1122; June 12, 1916, ch. 143, 39 Stat. 225; Feb. 20, 1917, ch. 102, 39 Stat. 927; June 13, 1918, ch. 98, 40 Stat. 604; Feb. 26, 1919, ch. 54, 40 Stat. 1184; May 29, 1924, ch. 209, 43 Stat. 243; June 5, 1924, ch. 259, 43 Stat. 387; Jan. 10, 1925, chs. 68, 69, 43 Stat. 730, 731; Feb. 16, 1925, ch. 233, § 1, 43 Stat. 945; May 7, 1926, ch. 255, 44 Stat. 408; Apr. 21, 1928, ch. 395, 45 Stat. 440; Mar. 2, 1929, ch. 539, 45 Stat. 1518; June 28, 1930, ch. 714, 46 Stat. 829; May 13, 1936, ch. 386, 49 Stat. 1271; Aug. 12, 1937, ch. 595, 50 Stat. 625).

Section consolidates section 16 with the third sentence of section 146, and the final proviso in the third paragraph of section 182, all of title 28, U.S.C., 1940 ed.

Said section 16 of title 28 provided for adjournment by the marshal, or clerk, on written order of the judge, in case of inability of the district judge to attend at the commencement of any regular, adjourned or special term, or any time during such term. Said sections 146 and 182 thereof, related to the district courts of Colorado and Oklahoma, only, and contained special provisions for adjournment. Subsection

(b)omits the requirement of written order where the judge is unable to make such order.

The revised section broadens these provisions, and vests discretionary power in the court, by order made anywhere within the district, to adjourn any term of court “for insufficient business or other good cause.” To establish uniformity, the special provisions relating to Colorado and Oklahoma were omitted.

Other provisions of said sections 146 and 182 of title 28, U.S.C., 1940 ed., are incorporated in sections 85 and 116 of this title.

The provision of subsection

(a)authorizing the district court, with the consent of the judicial council of the circuit, to pretermit any term of court for insufficient business or other good cause, is inserted to obviate the expense and inconvenience of convening and adjourning a term for which no need exists.

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35 references not yet in our index

June 25, 1948, ch. 646
62 Stat. 897
Pub. L. 88–139, § 1
77 Stat. 248
Mar. 3, 1911, ch. 231
36 Stat. 1088
June 12, 1916, ch. 143
39 Stat. 225
Feb. 20, 1917, ch. 102
39 Stat. 927
June 13, 1918, ch. 98
40 Stat. 604
Feb. 26, 1919, ch. 54
40 Stat. 1184
May 29, 1924, ch. 209
43 Stat. 243
June 5, 1924, ch. 259
43 Stat. 387
43 Stat. 730
Feb. 16, 1925, ch. 233, § 1
43 Stat. 945
May 7, 1926, ch. 255
44 Stat. 408
Apr. 21, 1928, ch. 395
45 Stat. 440
Mar. 2, 1929, ch. 539
45 Stat. 1518
June 28, 1930, ch. 714
46 Stat. 829
May 13, 1936, ch. 386
49 Stat. 1271
Aug. 12, 1937, ch. 595
50 Stat. 625
section 16 of title 28
Pub. L. 88–139

Citation graph

cites case law

§ 140

Adjournment

U.S.C.×3

ActJune 25, 1948, ch. 646

Stat.62 Stat. 897

Pub. L.Pub. L. 88–139, § 1

Stat.77 Stat. 248

ActMar. 3, 1911, ch. 231

Cites 35 · showing 5Cited by 3 across 1 source