dreamproit/uscode huggingface dataset:
28 U.S.C. § 128 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 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, and Vancouver.
(June 25, 1948, ch. 646, 62 Stat. 894; Pub. L. 87–699, Sept. 25, 1962, 76 Stat. 598; Pub. L. 91–272, § 4, June 2, 1970, 84 Stat. 297; Pub. L. 110–161, div. D, title III, § 308, Dec. 26, 2007, 121 Stat. 1990.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 193 (Mar. 3, 1911, ch. 231, § 112, 36 Stat. 1128; June 15, 1937, ch. 351, 50 Stat. 260; Dec. 28, 1945, ch. 596, 59 Stat. 661).
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 section 751 of this title.
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 section 114 of this title.)
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.
heading: Amendments
text: 2007—Subsec. (b). Pub. L. 110–161 substituted “Bellingham, Seattle, Tacoma, and Vancouver” for “Bellingham, Seattle, and Tacoma”.
1970—Subsec. (a). Pub. L. 91–272, § 4(a), struck out provisions which had divided Eastern District into a Northern Division and a Southern Division.
Subsec. (b). Pub. L. 91–272, § 4(b), struck out provisions which had divided Western District into a Northern Division and a Southern Division.
1962—Subsec. (a)(2). Pub. L. 87–699 provided for holding court at Richland.
28 U.S.C. § 129 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 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, 62 Stat. 894; Pub. L. 97–471, § 1, Jan. 14, 1983, 96 Stat. 2601.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 194 (Mar. 3, 1911, ch. 231, § 113, 36 Stat. 1129; Mar. 23, 1912, ch. 63, 37 Stat. 76; Aug. 22, 1914, ch. 265, 38 Stat. 702; Feb. 27, 1922, ch. 83, 42 Stat. 398; June 22, 1936, ch. 695, 49 Stat. 1805; Aug. 23, 1937, ch. 737, 50 Stat. 744; June 29, 1938, ch. 817, 52 Stat. 1245).
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 section 141 of this title.
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 section 142 of this title.
Changes were made in arrangement and phrase­ology.
heading: Amendments
text: 1983—Subsec. (a). Pub. L. 97–471, § 1(1), struck out references to Parkersburg, Wirt, and Wood counties and inserted references to Braxton, Pocahontas, and Webster counties.
Subsec. (b). Pub. L. 97–471, § 1(2), struck out references to Braxton, Pocahontas, and Webster counties and inserted references to Parkersburg, Wirt, and Wood counties.
28 U.S.C. § 130 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 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, 62 Stat. 894; Pub. L. 87–573, Aug. 6, 1962, 76 Stat. 307.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 195 (Mar. 3, 1911, ch. 231, § 114, 36 Stat. 1129; July 24, 1935, ch. 413, 49 Stat. 495).
Provisions for keeping the courts and their offices open at all times were omitted as covered by section 452 of this title.
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 section 1404 of this title, and, as to criminal cases, is rendered unnecessary because of inherent power of the court and Rules 18–20 of the Federal Rules of Criminal Procedure.
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.
heading: Amendments
text: 1962—Subsec. (a). Pub. L. 87–573 inserted reference to Menominee county.
heading: Designation of Judge to Hold Court, Eastern District
text: Pub. L. 106–553, § 1(a)(2) [title III, § 305(c)], Dec. 21, 2000, 114 Stat. 2762, 2762A–85, provided that: “The chief judge of the eastern district of Wisconsin shall designate 1 judge who shall hold court for such district in Green Bay, Wisconsin.”
28 U.S.C. § 131 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 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, 62 Stat. 895; Pub. L. 98–353, title II, § 203(a), July 10, 1984, 98 Stat. 350.)
heading: Historical and Revision Notes
text: Based on section 27 of title 16, U.S.C., 1940 ed., Conservation, and title 28, U.S.C., 1940 ed., § 196 (May 7, 1894, ch. 72, § 5, 28 Stat. 74; Mar. 3, 1911, ch. 231, §§ 115, 291, 36 Stat. 1130, 1167; June 5, 1924, ch. 260, 43 Stat. 388; June 28, 1938, ch. 778, § 1, 52 Stat. 1213).
Section consolidates section 196 of title 28, U.S.C., 1940 ed., with a portion of section 27 of title 16, U.S.C., 1940 ed., with necessary changes in arrangement and phraseology. Reference to parts of Yellowstone National Park in Montana and Idaho is derived from said section 27. Other provisions of said section are incorporated in sections 631 and 632 of this title.
A provision of section 196 of title 28, U.S.C., 1940 ed., for furnishing rooms and accommodations at Casper was omitted as obsolete, upon advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available there.
Provisions of section 196 of title 28, U.S.C., 1940 ed., for appointment of deputies and maintenance of offices by the clerk and marshal were omitted as covered by sections 541 [see 561], 542 [see 561], and 751 of this title.
heading: Amendments
text: 1984—Pub. L. 98–353 provided for holding court at Jackson.
28 U.S.C. § 132 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 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, 62 Stat. 895; Pub. L. 88–176, § 2, Nov. 13, 1963, 77 Stat. 331.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 1, and section 641 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions (Apr. 30, 1900, ch. 339, § 86, 31 Stat. 158; Mar. 3, 1909, ch. 269, § 1, 35 Stat. 838; Mar. 3, 1911, ch. 231, § 1, 36 Stat. 1087; July 30, 1914, ch. 216, 38 Stat. 580; July 19, 1921, ch. 42, § 313, 42 Stat. 119; Feb. 12, 1925, ch. 220, 43 Stat. 890; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 19).
Section consolidates section 1 of title 28, U.S.C., 1940 ed., and section 641 of title 48, U.S.C., 1940 ed., with changes in phraseology necessary to effect the consolidation.
Subsection (c) is derived from section 641 of title 48, U.S.C., 1940 ed., which applied only to the Territory of Hawaii. The revised section, by extending it to all districts, merely recognizes established practice.
Other portions of section 1 of title 28, U.S.C., 1940 ed., are incorporated in sections 133 and 134 of this title. The remainder of section 641 of title 48, U.S.C., 1940 ed., is incorporated in sections 91 and 133 of this title.
heading: Amendments
text: 1963—Subsec. (b). Pub. L. 88–176 inserted “regular” before “active service”.
heading: Continuation of Organization of Court
text: Act June 25, 1948, ch. 646, § 2(b), 62 Stat. 985, provided in part that the provisions of this title as set out in section 1 of act June 25, 1948, with respect to the organization of the court, shall be construed as a continuation of existing law, and the tenure of the judges, officers, and employees thereof and of the United States attorneys and marshals and their deputies and assistants, in office on Sept. 1, 1948, shall not be affected by its enactment, but each of them shall continue to serve in the same capacity under the appropriate provisions of this title pursuant to his prior appointment.
28 U.S.C. § 138 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 138. Terms abolished
The district court shall not hold formal terms.
(June 25, 1948, ch. 646, 62 Stat. 897; Pub. L. 88–139, § 1, Oct. 16, 1963, 77 Stat. 248.)
heading: Historical and Revision Notes
text: This section was substituted for a number of special provisions fixing stated times for holding terms of court in the several districts, in order to vest in the courts wider discretion and promote greater efficiency in the administration of the business of such courts.
heading: Amendments
text: 1963—Pub. L. 88–139 substituted “The district court shall not hold formal terms” for “The times for holding regular terms of court at the places fixed by this chapter shall be determined by rule of the district court” in text, and “Terms abolished” for “Times for holding regular terms” in section catchline.
28 U.S.C. § 139 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 139. Times for holding regular sessions
The times for commencing regular sessions of the district court for transacting judicial business at the places fixed by this chapter shall be determined by the rules or orders of the court. Such rules or orders may provide that at one or more of such places the court shall be in continuous session for such purposes on all business days throughout the year. At other places a session of the court shall continue for such purposes until terminated by order of final adjournment or by commencement of the next regular session at the same place.
(June 25, 1948, ch. 646, 62 Stat. 897; Pub. L. 88–139, § 1, Oct. 16, 1963, 77 Stat. 248.)
heading: Historical and Revision Notes
text: The purpose of this section is to remove all doubt as to whether the mere beginning of a new term at one place ends a prior term begun at another place. As revised, it conforms to a uniform course of judicial decisions. See U.S. v. Perlstein, 39 F.Supp. 965, 968 (D.C.N.J. 1941), and cases cited.
heading: Amendments
text: 1963—Pub. L. 88–139 substituted provisions requiring the times for commencing regular sessions of the district court to be determined by the rules or orders of the court, authorizing such rules or orders to provide that at one or more of the places fixed by this chapter, the court shall be in continuous session on all business days throughout the year, and that at other places, a session continues until terminated by order of final adjournment or by commencement of the next regular session at the same place, for provisions that a term continues until terminated by order of final adjournment or by commencement of the next term at the same place, in the text, and “Times for holding regular sessions” for “Term continued until terminated” in section catchline.
28 U.S.C. § 140 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 140. Adjournment
(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.)
heading: Historical and Revision Notes
text: 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.
heading: Amendments
text: 1963—Subsecs. (a), (b). Pub. L. 88–139 substituted “session” for “term”.
28 U.S.C. § 142 (JUDICIARY AND JUDICIAL PROCEDURE)
[§ 142. Repealed. Pub. L. 97–164, title I, § 115(c)(3), Apr. 2, 1982, 96 Stat. 32]
text: Section, acts June 25, 1948, ch. 646, 62 Stat. 898; Oct. 9, 1962, Pub. L. 87–764, 76 Stat. 762; Nov. 19, 1977, Pub. L. 95–196, 91 Stat. 1420, related to the providing of accommodations at places for holding court. See section 462 of this title.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amendment note under section 171 of this title.
heading: Waiver of Limitations and Restrictions
text: The limitations and restrictions contained in this section prior to its repeal were waived with respect to the holding of court at certain places by the following Acts:
Pub. L. 87–833, Oct. 15, 1962, 76 Stat. 959, related to Akron, Ohio.
Pub. L. 87–699, Sept. 25, 1962, 76 Stat. 598, related to Richland, Washington.
Pub. L. 87–562, § 4, July 30, 1962, 76 Stat. 248, related to Fort Myers, Saint Petersburg, Fort Pierce, and West Palm Beach, Florida.
Pub. L. 87–560, July 27, 1962, 76 Stat. 247, related to Marshall, Texas.
Pub. L. 87–559, July 27, 1962, 76 Stat. 246, related to Decatur, Alabama.
Pub. L. 87–553, July 27, 1962, 76 Stat. 222, related to Winchester, Tennessee.
Pub. L. 87–551, July 27, 1962, 76 Stat. 221, related to Bridgeport, Connecticut.
Pub. L. 87–337, Oct. 3, 1961, 75 Stat. 750, related to Lafayette, Louisiana.
Pub. L. 87–36, § 3(g), May 19, 1961, 75 Stat. 83, related to Kalamazoo, Michigan; Fayetteville, North Carolina; and Dyersburg, Tennessee.
Pub. L. 86–366, Sept. 22, 1959, 73 Stat. 647, related to Durant, Oklahoma.
Act July 20, 1956, ch. 657, 70 Stat. 594, related to Bryson City, North Carolina.
Act Sept. 23, 1950, ch. 1006, 64 Stat. 982, related to Klamath Falls, Oregon.
Act Aug. 21, 1950, ch. 767, 64 Stat. 469, related to Newnan, Georgia.
Act Aug. 10, 1950, ch. 675, § 2, 64 Stat. 438, related to Rock Island, Illinois.
Act Oct. 26, 1949, ch. 744, 63 Stat. 923, related to Thomasville, Georgia.
Act Oct. 26, 1949, ch. 740, 63 Stat. 921, related to Brunswick, Georgia.
28 U.S.C. § 143 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 143. Vacant judgeship as affecting proceedings
When the office of a district judge becomes vacant, all pending process, pleadings and proceedings shall, when necessary, be continued by the clerk until a judge is appointed or designated to hold such court.
(June 25, 1948, ch. 646, 62 Stat. 898.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 26 (Mar. 3, 1911, ch. 231, § 22, 36 Stat. 1090).
The last clause of section 26 of title 28, U.S.C., 1940, ed., prescribing the powers of a designated judge was omitted as covered by section 296 of this title.
Minor changes were made in phraseology.
28 U.S.C. § 144 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 144. Bias or prejudice of judge
Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned to hear such proceeding.
The affidavit shall state the facts and the reasons for the belief that bias or prejudice exists, and shall be filed not less than ten days before the beginning of the term at which the proceeding is to be heard, or good cause shall be shown for failure to file it within such time. A party may file only one such affidavit in any case. It shall be accompanied by a certificate of counsel of record stating that it is made in good faith.
(June 25, 1948, ch. 646, 62 Stat. 898; May 24, 1949, ch. 139, § 65, 63 Stat. 99.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 25 (Mar. 3, 1911, ch. 231, § 21, 36 Stat. 1090).
The provision that the same procedure shall be had when the presiding judge disqualifies himself was omitted as unnecessary. (See section 291 et seq. and section 455 of this title.)
Words, “at which the proceeding is to be heard,” were added to clarify the meaning of words, “before the beginning of the term.” (See U.S. v. Costea, D.C.Mich. 1943, 52 F.Supp. 3.)
Changes were made in phraseology and arrangement.
heading: 1949 Act
text: This amendment clarifies the intent in section 144 of title 28, U.S.C., to conform to the law as it existed at the time of the enactment of the revision limiting the filing of affidavits of prejudice to one such affidavit in any case.
heading: Amendments
text: 1949—Act May. 24, 1949, substituted “in any case” for “as to any judge” in second sentence of second par.
heading: Abolition of Terms
text: For abolition of formal terms of the court and replacement by sessions, see sections 138 and 139 of this title.