§ 48. Terms of court

1,322 words·~6 min read·/usc/title-28/section-48

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(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. CircuitsPlaces District of ColumbiaWashington. FirstBoston. SecondNew York. ThirdPhiladelphia. FourthRichmond, Asheville. FifthNew Orleans, Fort Worth, Jackson. SixthCincinnati. SeventhChicago. EighthSt. Louis, Kansas City, Omaha, St. Paul. NinthSan Francisco, Los Angeles, Portland, Seattle. TenthDenver, Wichita, Oklahoma City. EleventhAtlanta, Jacksonville, Montgomery. FederalDistrict 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, 62 Stat. 872; Oct. 31, 1951, ch. 655, § 36, 65 Stat. 723; Pub. L. 96–452, § 4, Oct. 14, 1980, 94 Stat. 1994; Pub. L. 97–164, title I, § 104, Apr. 2, 1982, 96 Stat. 26; Pub. L. 102–572, title V, § 501, Oct. 29, 1992, 106 Stat. 4512; Pub. L. 109–63, § 2(a), Sept. 9, 2005, 119 Stat. 1993.)

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, 27 Stat. 435; July 30, 1894, ch. 172, § 2, 28 Stat. 161; Mar. 3, 1901, ch. 854, § 225, 31 Stat. 1225; Mar. 3, 1911, ch. 231, § 126, 36 Stat. 1132; July 17, 1916, ch. 246, 39 Stat. 385; Jan. 8, 1925, ch. 57, 43 Stat. 729; July 3, 1926, ch. 735, 44 Stat. 809; Feb. 28, 1929, ch. 363, § 3, 45 Stat. 1347; May 17, 1932, ch. 190, 47 Stat. 158).

This section consolidates section 223 of title 28, U.S.C., 1940 ed., with part of section 11–205 of the District of Columbia Code.

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.

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