Page 315 TITLE 28-JUDICIARY AND JUDICIAL PROCEDURE	 § 651 

Section consolidates section 528 and part of section 

528a of title 28, U.S.C., 1940 ed., with changes in phraseology necessary to effect consolidation. 

Provisions of section 528a of title 28, U.S.C., 1940 ed., 

relating to dockets and forms, are incorporated in section 639 of this title. 

Words "Director of the Administrative Office of the 

United States Courts" were substituted for "Attorney 

General", contained in section 528 of title 28, U.S.C., 

1940 ed., in view of Act Aug. 7, 1939, ch. 501, §6, 53 Stat. 

1226, 28 U.S.C., 1940 ed., following §446, giving the Directors supervision of court administrative matters. 

Changes in 	 phraseology were made. 

AMENDMENTS
 

1968-Subsec. (a). Pub. L. 90-578 incorporated in provisions designated as subsec. (a) provisions of first par. of 

former section 639 of this title, substituting "United 

States magistrates" for prior designation as "United 

States Corimissioners", specifying that the copy of the 

United States Code be a current edition, and dispensing 

with approval by the chief judge of the district court 

for a copy of such Code. 

Subsec. (b). Pub. L. 90-578 incorporated in provisions 

designated as subsec. (b) provisions of the second par. 

of former section 639 of this title. 

Subsec. (c). Pub. L. 90-578 designated existing provisions as subsec. (c), and substituted "United States 

magistrate" for "United States commissibner", provision for appointment under this chapter rather than 

after July 10, 1946, provision that the form of the seal 

be prescribed by the conference rather than the Director, and "without fee" for "without additional fee". 

CHANGE OF NAME 

"United States magistrate judges" and "United 

States magistrate judge" substituted for "United 

States magistrates" and "United States magistrate", 

respectively, in subsecs. (a) and (c) pursuant to section 

321 of Pub. L. 101-650, set out as a note under section 631 

of this title. 

EFFECTIVE DATE OF 1968 AMENDMENT 

Amendment by Pub. L. 90-578 effective Oct. 17, 1968, 

except when a later effective date is applicable, which 

is the earlier of date when implementation of amendment by appointment of magistrates [now United 

States magistrate judges] and assumption of office 

takes place or third anniversary of enactment of Pub. 

L. 90-578 on Oct. 17, 1968, see section 403 of Pub. L. 

90-578, set out as a note under section 631 of this title. 

§ 639. Definitions 

As used in this chapter­

(1) "Conference" shall mean the Judicial 

Conference of the United States; 

(2) "Council" shall mean the Judicial Council of the Circuit; 

(3) "Director" shall mean the Director of the 

Administrative Office of the United States 

Courts; 

(4) "Full-time magistrate judge" shall mean 

a full-time United States magistrate judge; 

(5) "Part-time magistrate judge" shall mean 

a part-time United States magistrate judge; 

and
 

(6) "United States magistrate judge" and 

"magistrate judge" shall mean both full-time 

and part-time United States magistrate 

judges. 

(June 25, 1948, ch. 646, 62 Stat. 917; Pub. L. 90-578, 

title I, § 101, Oct. 17, 1968, 82 Stat. 1114; Pub. L. 

101-650, title III, §321, Dec. 1, 1990, 104 Stat. 5117.) 

HISTORICAL AND REvISION NOTES 

Based on title 28, U.S.C., 1940 ed., §528a (July 10, 1946, 

ch. 548, 60 Stat. 525). 

Provisions of section 528a of title 28, U.S.C., 1940 ed., 

for furnishing seal is included in section 638 of this 

title. 

Changes were made in phraseology. 

AMENDMENTS 

1968-Pub. L. 90-578 substituted definition provisions 

for prior requirements obligating the Director to furnish docket books and forms to United States commissioners and, with approval of the chief judge of the district court, a copy of the United States Code, declaring 

such property to remain United States property, and 

calling for transmission of such property to successors 

in office or for its disposal as directed by the Director, 

now incorporated in section 638(a) and (b) of this title. 

CHANGE OF NAME 

Words "magistrate judge" and "magistrate judges" 

substituted for "magistrate" and "magistrates", respectively, wherever appearing in text pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of this title. 

EFFECTIVE DATE OF 1968 AMENDMENT 

Amendment by Pub. L. 90-578 effective Oct. 17, 1968, 

except when a later effective date is applicable, which 

is the earlier of date when implementation of amendment by appointment of magistrates [now United 

States magistrate judges] and assumption of office 

takes place or third anniversary of enactment of Pub. 

L. 90-578 on Oct. 17, 1968, see section 403 of Pub. L. 

90-578, set out as a note under section 631 of this title. 

CHAPTER 44-ALTERNATIVE DISPUTE
 

RESOLUTION
 

Sec. 

651. 	 Authorization of alternative dispute resolution. 

652. Jurisdiction. 

653. Neutrals. 

654. Arbitration. 

655. Arbitrators. 

656. Subpoenas. 

657. Arbitration award and judgment. 

658. Compensation of arbitrators and neutrals. 

AMENDMENTS 

1998-Pub. L. 105-315, §12(b)(1), (2), Oct. 30, 1998, 112 

Stat. 2998, substituted "ALTERNATIVE DISPUTE 

RESOLUTION" for "ARBITRATION" in chapter heading and amended analysis generally, substituting items 

651 to 658 for former items 651 "Authorization of arbitration", 652 "Jurisdiction", 653 "Powers of arbitrator; 

arbitration hearing", 654 "Arbitration award and judgment", 655 "Trial de novo", 656 "Certification of arbitrators", 657 "Compensation of arbitrators", and 658 

"District courts that may authorize arbitration". 

§ 651. Authorization of alternative dispute resolution 

(a) DEFINITION.-For purposes of this chapter, 

an alternative dispute resolution process includes any process or procedure, other than an 

adjudication by a presiding judge, in which a 

neutral third party participates to assist in the 

resolution of issues in controversy, through 

processes such as early neutral evaluation, mediation, minitrial, and arbitration as provided in 

sections 654 through 658. 

(b) AUTHORITY.-Each United States district 

court shall authorize, by local rule adopted 

under section 2071(a), the use of alternative dispute resolution processes in all civil actions, including adversary proceedings in bankruptcy, in 

accordance with this chapter, except that the 
§ 651 TITLE 28-JUDICIARY AND JUDICIAL PROCEDURE Page 316 

use of arbitration may be authorized only as 

provided in section 654. Each United States district court shall devise and implement its own 

alternative dispute resolution program, by local 

rule adopted under section 2071(a), to encourage 

and promote the use of alternative dispute resolution in its district. 

(c) EXISTING ALTERNATIVE DISPUTE RESOLUTION PROGRAMS.-In those courts where an alternative dispute resolution program is in place on 

the date of the enactment of the Alternative 

Dispute Resolution Act of 1998, the court shall 

examine the effectiveness of that program and 

adopt such improvements to the program as are 

consistent with the provisions and purposes of 

this chapter. 

(d) ADMINISTRATION OF ALTERNATIVE DISPUTE 

RESOLUTION PROGRAMS.-Each United States district court shall designate an employee, or a judicial officer, who is knowledgeable in alternative dispute resolution practices and processes to implement, administer, oversee, and 

evaluate the court's alternative dispute resolution program. Such person may also be responsible for recruiting, screening, and training attorneys to serve as neutrals and arbitrators in 

the court's alternative dispute resolution program. 

(e) TITLE 9 NOT AFFECTED.-This chapter shall 

not affect title 9, United States Code. 

(f) PROGRAM SUPPORT.-The Federal Judicial 

Center and the Administrative Office of the 

United States Courts are authorized to assist 

the district courts in the establishment and improvement of alternative dispute resolution programs by identifying particular practices employed in successful programs and providing additional assistance as needed and appropriate. 

(Added Pub. L. 100-702, title IX, §901(a), Nov. 19, 

1988, 102 Stat. 4659; amended Pub. L. 105-315, §3, 

Oct. 30, 1998, 112 Stat. 2993.) 

REFERENCES IN TEXT
 

The date of the enactment of the Alternative Dispute 

Resolution Act of 1998, referred to in subsec. (c), is the 

date of enactment of Pub. L. 105-315, which was approved Oct. 30, 1998. 

AMENDMENTS
 

1998-Pub. L. 105-315 amended section generally, substituting provisions relating to authorization of alternative dispute resolution for provisions relating to au­ thorization of arbitration. 

EFFECTIVE DATE 

Pub. L. 100-702, title IX, §907, Nov. 19, 1988, 102 Stat. 

4664, provided that: "This title and the amendments 

made by this title [enacting this chapter and provisions 

set out as notes under this section and section 652 of 

this title] shall take effect 180 days after the date of enactment of this Act [Nov. 19, 1988]." 

Pub. L. 100-702, title IX, §906, Nov. 19, 1988, 102 Stat. 

4664, as amended by Pub. L. 103-192, §1(a), .Dec. 14, 1993, 

107 Stat. 2292, provided that, effective Dec. 31, 1994, this 

chapter and the item relating to this chapter in the 

table of chapters at the beginning of part III of this 

title were repealed, prior to repeal by Pub. L. 103-420, 

§ 3(b), Oct. 25, 1994, 108 Stat. 4345. 

Pub. L. 103-192, §2, Dec. 14, 1993, 107 Stat. 2292, provided that this chapter and the item relating to this 

chapter in the table of chapters at the beginning of 

part III of this title continued on or after Dec. 14, 1993, 

as if they had not been repealed by section 906 of Pub. 

L. 100-702, formerly set out above, as such section was 

in effect on the day before Dec. 14, 1993. 

CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY 

Pub. L. 105-315, §2, Oct. 30, 1998, 112 Stat. 2993, provided that: "Congress finds that­

"(1) alternative dispute resolution, when supported 

by the bench and bar, and utilizing properly trained 

neutrals in a program adequately administered by 

the court, has the potential to provide a variety of 

benefits, including greater satisfaction of the parties, 

innovative methods of resolving disputes, and greater 

efficiency in achieving settlements; 

"(2) certain forms of alternative dispute resolution, 

including mediation, early neutral evaluation, minitrials, and voluntary arbitration, may have potential 

to reduce the large backlog of cases now pending in 

some Federal courts throughout the United States, 

thereby allowing the courts to process their remaining cases more efficiently; and 

"(3) the continued growth of Federal appellate 

court-annexed mediation programs suggests that this 

form of alternative dispute resolution can be equally 

effective in resolving disputes in the Federal trial 

courts; therefore, the district courts should consider 

including mediation in their local alternative dispute 

resolution programs." 

MODEL PROCEDURES 

Pub. L. 100-702, title IX, §902, Nov. 19, 1988, 102 Stat. 

4663, provided that: "The Judicial Conference of the 

United States may develop model rules relating to procedures for arbitration under chapter 44, as added by 

section 901 of this Act. No model rule may supersede 

any provision of such chapter 44, this title [enacting 

this chapter and provisions set out as notes under this 

section and section 652 of this title], or any law of the 

United States." 

REPORTS BY DIRECTOR OF ADMINISTRATIVE OFFICE OF 

UNITED STATES COURTS AND BY FEDERAL JUDICIAL 

CENTER
 

Pub. L. 100-702, title IX, §903, Nov. 19, 1988, 102 Stat. 

4663, provided that: 

"(a) ANNUAL REPORT BY DIRECTOR OF ADMINISTRATIVE 

OFFICE OF THE UNITED STATES COURTS.-The Director of 

the Administrative Office of the United States Courts 

shall include in the annual report of the activities of 

the Administrative Office required under section 

604(a)(3) [28 U.S.C. 604(a)(3)], statistical information 

about the implementation of chapter 44, as added by 

section 901 of this Act. 

"(b) REPORT BY FEDERAL JUDICIAL CENTER.-Not later 

than 5 years after the date of enactment of this Act 

[Nov. 19, 1988], the Federal Judicial Center, in consultation with the Director of the Administrative Office of 

the United States Courts, shall submit to the Congress 

a report on the implementation of chapter 44, as added 

by section 901 of this Act, which shall include the following: 

"(1) A description of the arbitration programs authorized by such chapter, as conceived and as implemented in the judicial districts in which such programs are authorized. 

"(2) A determination of the level of satisfaction 

with the arbitration programs in those judicial districts by a sampling of court personnel, attorneys, 

and litigants whose cases have been referred to arbitration. 

"(3) A summary of those program features that can 

be identified as being related to program acceptance 

both within and across judicial districts. 

"(4) A description of the levels of satisfaction relative to the cost per hearing of each program. 

"(5) Recommendations to the Congress on whether 

to terminate or continue chapter 44, or, alternatively, to enact an arbitration provision in title 28, 

United States Code, authorizing arbitration in all 

Federal district courts." 
Page 317 TITLE 28-JUDICIARY AND JUDICIAL PROCEDURE §654 

EFFECT ON JUDICIAL RULEMAKING POWERS 

Pub. L. 100-702, title IX, §904, Nov. 19, 1988, 102 Stat. 

4663, provided that: "Nothing in this title [enacting 

this chapter and provisions set out as notes under this 

section and section 652 of this title], or in chapter 44, 

as added by section 901 of this Act, is intended to 

abridge, modify, or enlarge the rule making powers of 

the Federal judiciary." 

AUTHORIZATION OF APPROPRIATIONS 

Pub. L. 105-315, §11, Oct. 30, 1998, 112 Stat. 2998, provided that: "There are authorized to be appropriated 

for each fiscal year such sums as may be necessary to 

carry out chapter 44 of title 28, United States Code, as 

amended by this Act." 

Pub. L. 100-702, title IX, §905, Nov. 19, 1988, 102 Stat. 

4664, as amended by Pub. L. 103-192, § 1(b), Dec. 14, 1993, 

107 Stat. 2292; Pub. L. 103-420, §3(a), Oct. 25, 1994, 108 

Stat. 4345; Pub. L. 105-53, §1, Oct. 6, 1997, 111 Stat. 1173, 

provided that: "There are authorized to be appropriated 

for each fiscal year to the judicial branch such sums as 

may be necessary to carry out the purposes of chapter 

44, as added by section 901 of this Act. Funds appropriated under this section shall be allocated by the Administrative Office of the United States Courts to Federal judicial districts and the Federal Judicial Center. 

The funds so appropriated are authorized to remain 

available until expended." 

§652. Jurisdiction 

(a) CONSIDERATION OF ALTERNATIVE DISPUTE 

RESOLUTION IN APPROPRIATE CASES.-Notwithstanding any provision of law to the contrary 

and except as provided in subsections (b) and (c), 

each district court shall, by local rule adopted 

under section 2071(a), require that litigants in 

all civil cases consider the use of an alternative 

dispute resolution process at an appropriate 

stage in the litigation. Each district court shall 

provide litigants in all civil cases with at least 

one alternative dispute resolution process, including, but not limited to, mediation, early 

neutral evaluation, minitrial, and arbitration as 

authorized in sections 654 through 658. Any district court that elects to require the use of alternative dispute resolution in certain cases 

may do so only with respect to mediation, early 

neutral evaluation, and, if the parties consent, 

arbitration. 

(b) ACTIONS EXEMPTED FROM CONSIDERATION OF 

ALTERNATIVE DISPUTE RESOLUTION.-Each district court may exempt from the requirements 

of this section specific cases or categories of 

cases in which use of alternative dispute resolution would not be appropriate. In defining these 

exemptions, each district court shall consult 

with members of the bar, including the United 

States Attorney for that district. 

(c) AUTHORITY OF THE ATTORNEY GENERAL.­

Nothing in this section shall alter or conflict 

with the authority of the Attorney General to 

conduct litigation on behalf of the United 

States, with the authority of any Federal agency authorized to conduct litigation in the 

United States courts, or with any delegation of 

litigation authority by the Attorney General. 

(d) CONFIDENTIALITY PROVISIONS.-Until such 

time as rules are adopted under chapter 131 of 

this title providing for the confidentiality of alternative dispute resolution processes under this 

chapter, each district court shall, by local rule 

adopted under section 2071(a), provide for the 

confidentiality of the alternative dispute resolution processes and to prohibit disclosure of confidential dispute resolution communications. 

(Added Pub. L. 100-702, title IX, §901(a), Nov. 19, 

1988, 102 Stat. 4659; amended Pub. L. 105-315, §4, 

Oct. 30, 1998, 112 Stat. 2994.) 

AMENDMENTS 

1998-Pub. L. 105-315 amended section generally, substituting provisions relating to alternative dispute resolution jurisdiction for provisions relating to arbitration jurisdiction. 

EXCEPTION TO LIMITATION ON MONEY DAMAGES 

Pub. L. 100-702, title IX, §901(c), Nov. 19, 1988, 102 

Stat. 4663, provided that notwithstanding establishment by former section 652 of this title of a $100,000 

limitation on money damages with respect to cases referred to arbitration, a district court listed in former 

section 658 of this title whose local rule on Nov. 19, 1988, 

provided for a limitation on money damages of not 

more than $150,000, could continue to apply the higher 

limitation, prior to repeal by Pub. L. 105-315, §12(a), 

Oct. 30, 1998, 112 Stat. 2998. 

§ 653. Neutrals 

(a) PANEL OF NEUTRALS.-Each district court 

that authorizes the use of alternative dispute 

resolution processes shall adopt appropriate 

processes for making neutrals available for use 

by the parties for each category of process offered. Each district court shall promulgate its 

own procedures and criteria for the selection of 

neutrals on its panels. 

(b) QUALIFICATIONS AND TRAINING.-Each person serving as a neutral in an alternative dispute resolution process should be qualified and 

trained to serve as a neutral in the appropriate 

alternative dispute resolution process. For this 

purpose, the district court may use, among others, magistrate judges who have been trained to 

serve as neutrals in alternative dispute resolution processes, professional neutrals from the 

private sector, and persons who have been 

trained to serve as neutrals in alternative dispute resolution processes. Until such time as 

rules are adopted under chapter 131 of this title 

relating to the disqualification of neutrals, each 

district court shall issue rules under section 

2071(a) relating to the disqualification of neutrals (including, where appropriate, disqualification under section 455 of this title, other applicable law, and professional responsibility standards). 

(Added Pub. L. 100-702, title IX, §901(a), Nov. 19, 

1988, 102 Stat. 4660; amended Pub. L. 105-315, §5, 

Oct. 30, 1998, 112 Stat. 2995.) 

AMENDMENTS 

1998-Pub. L. 105-315 amended section generally, substituting provisions relating to neutrals in alternative 

dispute resolution process for provisions relating to 

powers of arbitrator and arbitration hearing. 

§ 654. Arbitration 

(a) REFERRAL OF ACTIONS TO ARBITRATION.­

Notwithstanding any provision of law to the 

contrary and except as provided in subsections 

(a), (b), and (c) of section 652 and subsection (d) 

of this section, a district court may allow the 

referral to arbitration of any civil action (including any adversary proceeding in bank­
§ 655 TITLE 28-JUDICIARY AND JUDICIAL PROCEDURE Page 318 

ruptcy) pending before it when the parties consent, except that referral to arbitration may not 

be made where­

(1) the action is based on an alleged violation of a right secured by the Constitution of 

the United States; 

(2) jurisdiction is based in whole or in part 

on section 1343 of this title; or 

(3) the relief sought consists of money damages in an amount greater than $150,000. 

(b) SAFEGUARDS IN CONSENT CASES.-Until such 

time as rules are adopted under chapter 131 of 

this title relating to procedures described in this 

subsection, the district court shall, by local rule 

adopted under section 2071(a), establish procedures to ensure that any civil action in which 

arbitration by consent is allowed under subsection (a)­

(1) consent to arbitration is freely and knowingly obtained; and 

(2) no party or attorney is prejudiced for refusing to participate in arbitration. 

(c) PRESUMPTIONS.-For purposes of subsection 

(a)(3), a district court may presume damages are not in excess of $150,000 unless counsel certifies 

that damages exceed such amount. 

(d) EXISTING PROGRAMS.-Nothing in this chapter is deemed to affect any program in which arbitration is conducted pursuant to section ' title 

IX of the Judicial Improvements and Access to 

Justice Act (Public Law 100-702), as amended by 

section 1 of Public Law 105-53. 

(Added Pub. L. 100-702, title IX, §901(a), Nov. 19, 

1988, 102 Stat. 4660; amended Pub. L. 105-315, §6, 

Oct. 30, 1998, 112 Stat. 2995.) 

REFERENCES IN TEXT 

Title IX of the Judicial Improvements and Access to 

Justice Act (Public Law 100-702), as amended by section 

1 of Public Law 105-53, referred to in subsec. (d), is title 

IX of Pub. L. 100-702, Nov. 19, 1988, 102 Stat. 4659, which 

enacted this chapter and provisions set out as notes 

under sections 651 and 652 of this title. Section 1 of Pub. 

L. 105-53, Oct. 6, 1997, 111 Stat. 1173, amended section 905 

of title IX of Pub. L. 100-702, which is set out as a note 

under section 651 of this title. 

AMENDMENTS 

1998-Pub. L. 105-315 amended section generally, substituting provisions relating to arbitration for provisions relating to arbitration award and judgment. 

§ 655. Arbitrators 

(a) POWERS OF ARBITRATORS.-An arbitrator to 

whom an action is referred under section 654 

shall have the power, within the judicial district 

of the district court which referred the action to 

arbitration­

(1) to conduct arbitration hearings; 

(2) to administer oaths and affirmations; and 

(3) to make awards. 

(b) STANDARDS FOR CERTIFICATION.-Each district court that authorizes arbitration shall establish standards for the certification of arbitrators and shall certify arbitrators to perform 

services in accordance with such standards and 

this chapter. The standards shall include provisions requiring that any arbitrator­

'So in original. The word "section" probably should not appear. 

(1) shall take the oath or affirmation described in section 453; and 

(2) shall be subject to the disqualification 

rules under section 455. 

(c) IMMUNITY.-All individuals serving as arbitrators in an alternative dispute resolution program under this chapter are performing quasijudicial functions and are entitled to the immunities and protections that the law accords to 

persons serving in such capacity. 

(Added Pub. L. 100-702, title IX, §901(a), Nov. 19, 

1988, 102 Stat. 4661; amended Pub. L. 105-315, §7, 

Oct. 30, 1998, 112 Stat. 2996.) 

AMENDMENTS 

1998-Pub. L. 105-315 amended section generally, substituting provisions relating to arbitrators for provisions relating to trial de novo. 

§ 656. Subpoenas 

Rule 45 of the Federal Rules of Civil Procedure 

(relating to subpoenas) applies to subpoenas for 

the attendance of witnesses and the production 

of documentary evidence at an arbitration hearing under this chapter. 

(Added Pub. L. 100-702, title IX, §901(a), Nov. 19, 

1988, 102 Stat. 4662; amended Pub. L. 105-315, §8, 

Oct. 30, 1998, 112 Stat. 2996.) 

REFERENCES IN TEXT 

The Federal Rules of Civil Procedure, referred to in 

text, are set out in the Appendix to this title. 

AMENDMENTS
 

1998-Pub. L. 105-315 amended section generally, substituting provisions relating to subpoenas for provisions relating to certification of arbitrators. 

§ 657. Arbitration award and judgment 

(a) FILING AND EFFECT OF ARBITRATION 

AWARD.-An arbitration award made by an arbitrator under this chapter, along with proof of 

service of such award on the other party by the 

prevailing party or by the plaintiff, shall be filed 

promptly after the arbitration hearing is concluded with the clerk of the district court that 

referred the case to arbitration. Such award 

shall be entered as the judgment of the court 

after the time has expired for requesting a trial 

de novo. The judgment so entered shall be subject to the same provisions of law and shall have 

the same force and effect as a judgment of the 

court in a civil action, except that the judgment 

shall not be subject to review in any other court 

by appeal or otherwise. 

(b) SEALING OF ARBITRATION AWARD.-The district court shall provide, by local rule adopted 

under section 2071(a), that the contents of any 

arbitration award made under this chapter shall 

not be made known to any judge who might be 

assigned to the case until the district court has 

entered final judgment in the action or the action has otherwise terminated. 

(c) TRIAL DE Novo OF ARBITRATION AWARDS.­

(1) TIME FOR FILING DEMAND.-Within 30 days 

after the filing of an arbitration award with a 

district court under subsection (a), any party 

may file a written demand for a trial de novo 

in the district court. 

(2) ACTION RESTORED TO COURT DOCKET.­

Upon a demand for a trial de novo, the action 
Page 319 TITLE 28-JUDICIARY AND JUDICIAL PROCEDURE § 671 

shall be restored to the docket of the court 

and treated for all purposes as if it had not 

been referred to arbitration. 

(3) EXCLUSION OF EVIDENCE OF ARBITRATION.­

The court shall not admit at the trial de novo 

any evidence that there has been an arbitration proceeding, the nature or amount of any 

award, or any other matter concerning the 

conduct of the arbitration proceeding, unless­

(A) the evidence would otherwise be admissible in the court under the Federal Rules of 

Evidence; or 

(B) the parties have otherwise stipulated. 

(Added Pub. L. 100-702, title IX, §901(a), Nov. 19, 

1988, 102 Stat. 4662; amended Pub. L. 105-315, §9, 

Oct. 30, 1998, 112 Stat. 2997.) 

REFERENCES IN TEXT 

The Federal Rules of Evidence, referred to in subsec. 

(c)(3)(A), are set out in the Appendix to this title. 

AMENDMENTS 

1998-Pub. L. 105-315 amended section generally, substituting provisions relating to arbitration award and 

judgment for provisions relating to compensation of ar­ bitrators.
 

§ 658. Compensation of arbitrators and neutrals 

(a) COMPENSATION.-The district court shall, 

subject to regulations approved by the Judicial 

Conference of the United States, establish the 

amount of compensation, if any, that each arbitrator or neutral shall receive for services rendered in each case under this chapter. 

(b) TRANSPORTATION ALLOWANCES.-Under regulations prescribed by the Director of the Administrative Office of the United States Courts, 

a district court may reimburse arbitrators and 

other neutrals for actual transportation expenses necessarily incurred in the performance 

of duties under this chapter. 

(Added Pub. L. 100-702, title IX, §901(a), Nov. 19, 

1988, 102 Stat. 4662; amended Pub. L. 105-315, §10, 

Oct. 30, 1998, 112 Stat. 2997.) 

AMENDMENTS 

1998-Pub. L. 105-315 amended section generally, substituting provisions relating to compensation of arbitrators and neutrals for provisions relating to district 

courts that may authorize arbitration. 

CHAPTER 45-SUPREME COURT 

Sec. 

671. Clerk. 

672. Marshal. 

673. Reporter. 

674. Librarian. 

675. Law clerks and secretaries. 

676. Printing and binding. 

677. Counselor to the Chief Justice. 

AMENDMENTS 

2008-Pub. L. 110-402, §1(b)(3)(B), Oct. 13, 2008, 122 

Stat. 4254, added item 677 and struck out former item 

677 "Administrative Assistant to the Chief Justice". 

1972-Pub. L. 92-238, §2, Mar. 1, 1972, 86 Stat. 46, added 

item 677. 

§ 671. Clerk 

(a) The Supreme Court may appoint and fix 

the compensation of a clerk and one or more 

deputy clerks. The clerk shall be subject to removal by the Court. Deputy clerks shall be subject to removal by the clerk with the approval 

of the Court or the Chief Justice of the United 

States.
 

[(b) Repealed. Pub. L. 92-310, title II, §206(c), 

June 6, 1972, 86 Stat. 203.] 

(c) The clerk may appoint and fix the compensation of necessary assistants and messengers with the approval of the Chief Justice of 

the United States. 

(d) The clerk shall pay into the Treasury all 

fees, costs, and other moneys collected by him. 

He shall make annual returns thereof to the 

Court under regulations prescribed by it. 

(June 25, 1948, ch. 646, 62 Stat. 918; Pub. L. 88-279, 

§1, Mar. 10, 1964, 78 Stat. 158; Pub. L. 92-310, title 

II, §206(c), June 6, 1972, 86 Stat. 203.) 

HISTORICAL AND REVISION NOTES 

Based on title 28, U.S.C., 1940 ed., §§325, 326, 327, 541 

and 542 (Feb. 22, 1875, ch. 95, §§2, 3, 18 Stat. 333; Mar. 3, 

1883, ch. 143, 22 Stat. 631; Mar. 15, 1898, ch. 68, §8, 30 

Stat. 317; Mar. 3, 1911, ch. 231, §§219, 220, 221, 291, 36 Stat. 

1152, 1153, 1167; June 10, 1921, ch. 18, §304, 42 Stat. 24). 

This section consolidates sections 541 and 542 of title 

28, U.S.C., 1940 ed., with parts of sections 325, 326 and 327 

of such title. 

The provisions in said section 325 relating to appointment of a marshal and reporter are incorporated in sec­ tions 672 and 673 of this title. 

The provisions in section 327 of title 28, U.S.C., 1940 

ed., relating to duties and liabilities of the clerk's deputies are incorporated in section 954 of this title. 

The provision of section 326 of title 28, U.S.C., 1940 

ed., that a duly certified copy of the clerk's bond 

should be competent evidence in any court, is incorporated in section 1737 of this title. 

The provision that the clerk shall be subject to removal by the Court is new. Section 327 of title 28, 

U.S.C., 1940 ed., contained a similar provision as to deputies, but fixed no term of office for the clerk and made 

no provision for his removal. The Supreme Court held, 

in 1839, that a district judge had power to remove his 

clerk at pleasure in absence of any law fixing the 

clerk's tenure. In re Hennen, 38 U.S. 230, 13 Pet. 230, 10 

L.Ed. 138. (See, also Myers v. U.S., 1926, 47 S.Ct. 21, 272 

U.S. 52, 71 L.Ed. 160.) 

The provision in section 326 of title 28, U.S.C., 1940 

ed., that the clerk's bond be not less than $5,000 and not more than $20,000 was omitted. The Supreme Court 

should have wide discretion in such administrative 

matters. (See Hearings before Appropriations Committee, House of Representatives, 78th Cong., 2d sess., on 

Judiciary Appropriation Bill for 1945, page 102.) 

A provision of section 326 of title 28, U.S.C., 1940 ed., 

that a renewed or augmented bond should be required 

upon the Attorney General's motion and after thirty 

days' notice was omitted. The manner of requiring such 

bond is left to the Court's discretion by the revised section. 

A further provision of section 326 of title 28, U.S.C., 

1940 ed., that the failure to furnish such renewed or 

augmented bond should vacate the clerk's office was 

omitted as unnecessary, since the clerk is removable 

by the Court under this section. 

The references in section 541 of title 28, U.S.C., 1940 

ed., to return "under oath" to be made "on the 1st day 

of January of each year, or thirty days thereafter" and 

"on a form prescribed by the Attorney General", were omitted as fully covered by the revised language "annual returns" under "regulations prescribed by the 

Court". Verification seems unnecessary especially as clerks of the courts of appeals are not required to submit similar returns under oath (see section 711 of this 

title). "Court" was substituted for "Attorney General", 

since the latter's powers and functions in court administrative matters have been transferred to the Director