dreamproit/uscode huggingface dataset:
28 U.S.C. § 457 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 457. Records; obsolete papers
The records of district courts and of courts of appeals shall be kept at one or more of the places where court is held. Such places shall be designated by the respective courts except when otherwise directed by the judicial council of the circuit.
Papers of any court established by Act of Congress which have become obsolete and are no longer necessary or useful, may be disposed of with the approval of the court concerned in the manner provided by sections 366–380 of Title 44 and in accordance with the rules of the Judicial Conference of the United States.
(June 25, 1948, ch. 646, 62 Stat. 908; Pub. L. 95–598, title II, § 216, Nov. 6, 1978, 92 Stat. 2661.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., §§ 10, 523a, 523b, (Mar. 3, 1911, ch. 231, § 6, 36 Stat. 1088; June 3, 1930, ch. 396, §§ 1, 2, 46 Stat. 496).
Section consolidates and simplifies sections 10, 523a and 523b of title 28, U.S.C., 1940 ed., relating to filing district court records and destroying obsolete papers and bankruptcy proofs of claims.
The revised section enlarges scope of section 10 of title 28, U.S.C., 1940 ed., to include places of keeping records of courts of appeals which was not covered by existing law.
The provisions in section 10 of title 28, U.S.C., 1940 ed., that where court is held “at more than one place” and the place of keeping the records “is not specially provided by law, they shall be kept at either of the places” designated by the court, was changed to permit the judicial councils of the circuits to make the determination without requiring special enactment of Congress. See section 332 of this title as to purpose and duties of the judicial councils.
The provision of section 523a of title 28, U.S.C., 1940 ed., authorizing destruction of records by the Attorney General was rewritten in the second paragraph to give such authority, respecting court records, to the Director of the Administrative Office of the United States Courts. Such Director, under section 604 of this title, now exercises administrative authority over clerks and commissioners.
A similar provision with respect to records of United States attorneys and marshals was omitted as superseded by sections 366 and 380 of title 44, U.S.C., 1940 ed., Public Printing and Documents, which prescribe the exclusive method for disposition of such papers.
Substantial changes were made in phraseology and arrangement.
heading: References in Text
text: Sections 366–380 of Title 44, referred to in text, were repealed and the provisions thereof reenacted as chapter 33 (§ 3301 et seq.) of Title 44, Public Printing and Documents, by Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1238.
heading: Amendments
text: 1978—Pub. L. 95–598 directed the amendment of section by inserting “of bankruptcy courts,” after “The record”, which amendment did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
28 U.S.C. § 458 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 458. Relative of justice or judge ineligible to appointment
(a)
(1) No person shall be appointed to or employed in any office or duty in any court who is related by affinity or consanguinity within the degree of first cousin to any justice or judge of such court.
(2) With respect to the appointment of a judge of a court exercising judicial power under article III of the United States Constitution (other than the Supreme Court), subsection (b) shall apply in lieu of this subsection.
(b)
(1) In this subsection, the term—
(A) “same court” means—
(i) in the case of a district court, the court of a single judicial district; and
(ii) in the case of a court of appeals, the court of appeals of a single circuit; and
(B) “member”—
(i) means an active judge or a judge retired in senior status under section 371(b); and
(ii) shall not include a retired judge, except as described under clause (i).
(2) No person may be appointed to the position of judge of a court exercising judicial power under article III of the United States Constitution (other than the Supreme Court) who is related by affinity or consanguinity within the degree of first cousin to any judge who is a member of the same court.
(June 25, 1948, ch. 646, 62 Stat. 908; Pub. L. 105–300, § 1(a), Oct. 27, 1998, 112 Stat. 2836.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 126 (Mar. 3, 1887, ch. 373, § 7, 24 Stat. 555; Aug. 13, 1888, ch. 866, § 7, 25 Stat. 437; Mar. 3, 1911, ch. 231, § 67, 36 Stat. 1105; Dec. 21, 1911, ch. 4, 37 Stat. 46).
A provision referring to circuit court employees as of December 21, 1911, was omitted as obsolete.
Changes in phraseology were made.
heading: Amendments
text: 1998—Pub. L. 105–300 designated existing provisions as subsec. (a)(1) and added subsecs. (a)(2) and (b).
heading: Effective Date of 1998 Amendment
text: Pub. L. 105–300, § 1(b), Oct. 27, 1998, 112 Stat. 2837, provided that: “This Act [amending this section] shall take effect on the date of enactment of this Act [Oct. 27, 1998] and shall apply only to any individual whose nomination is submitted to the Senate on or after such date.”
28 U.S.C. § 459 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 459. Administration of oaths and acknowledgments
Each justice or judge of the United States may administer oaths and affirmations and take acknowledgments.
(June 25, 1948, ch. 646, 62 Stat. 908.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., §§ 264, 385, section 1509 of title 19, U.S.C., 1940 ed., Customs Duties, and section 1114(a) of title 26, U.S.C., 1940 ed., Internal Revenue Code (Mar. 3, 1911, ch. 231, §§ 158, 268, 36 Stat. 1139, 1163; June 17, 1930, ch. 497, title IV, § 509, 46 Stat. 733; Feb. 10, 1939, ch. 2, § 1114(a), 53 Stat. 160; Oct. 21, 1942, ch. 619, title V, § 504(a), (c), 56 Stat. 957; Feb. 25, 1944, ch. 63, title V, § 503, 58 Stat. 72).
Section consolidates provisions of sections 264 and 385 of title 28, U.S.C., 1940 ed., section 1509 of title 19, U.S.C., 1940 ed., and section 1114(a) of title 26, U.S.C., 1940 ed., relating to administration of oaths and acknowledgments by judges and courts.
The provision of section 385 of title 28, U.S.C., 1940 ed., giving to “all courts of the United States” power to impose and administer all necessary oaths is the only part of such section in this title. The remainder is incorporated in section 401 of revised title 18, U.S.C. (H.R. 1600, 80th Cong.), Crimes and Criminal Procedure.
Section 264 of title 28, U.S.C., 1940 ed., related only to the Court of Claims and provision of such section relating to clerks and deputies is incorporated in section 953 of this title.
Section 1509 of title 19, U.S.C., 1940 ed., related only to the Customs Court.
Section 1114(a) of title 26, U.S.C., 1940 ed., related only to The Tax Court. That portion of such section authorizing certain employees of The Tax Court to administer oaths and acknowledgments is incorporated in section 953 of this title. For distribution of other provisions thereof, see Distribution Table.
The revised section clarifies what was apparently a statutory omission in that no provision was made with reference to the Court of Customs and Patent Appeals, the judges of which now will have the same power respecting administering oaths as judges of other courts.
heading: Senate Revision Amendment
text: By Senate amendment, all provisions relating to the Tax Court were eliminated, therefore, as finally enacted, section 1114(a) of Title 26, U.S.C., Internal Revenue Code, did not constitute part of the source of this section. However, no change in the text of this section was necessary. See 80th Congress Senate Report No. 1559.
28 U.S.C. § 462 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 462. Court accommodations
(a) Sessions of courts of the United States (except the Supreme Court) shall be held only at places where the Director of the Administrative Office of the United States Courts provides accommodations, or where suitable accommodations are furnished without cost to the judicial branch.
(b) The Director of the Administrative Office of the United States Courts shall provide accommodations, including chambers and courtrooms, only at places where regular sessions of court are authorized by law to be held, but only if the judicial council of the appropriate circuit has approved the accommodations as necessary.
(c) The limitations and restrictions contained in subsection (b) of this section shall not prevent the Director from furnishing chambers to circuit judges at places within the circuit other than where regular sessions of court are authorized by law to be held, when the judicial council of the circuit approves.
(d) The Director of the Administrative Office of the United States Courts shall provide permanent accommodations for the United States Court of Appeals for the Federal Circuit and for the United States Court of Federal Claims only at the District of Columbia. However, each such court may hold regular and special sessions at other places utilizing the accommodations which the Director provides to other courts.
(e) The Director of the Administrative Office of the United States Courts shall provide accommodations for probation officers, pretrial service officers, and Federal Public Defender Organizations at such places as may be approved by the judicial council of the appropriate circuit.
(f) Upon the request of the Director, the Administrator of General Services is authorized and directed to provide the accommodations the Director requests, and to close accommodations which the Director recommends for closure with the approval of the Judicial Conference of the United States.
(Added Pub. L. 97–164, title I, § 115(c)(1), Apr. 2, 1982, 96 Stat. 31; amended Pub. L. 100–702, title X, § 1015, Nov. 19, 1988, 102 Stat. 4669; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
heading: Amendments
text: 1992—Subsec. (d). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.
1988—Subsec. (c). Pub. L. 100–702 substituted “within the circuit other than where regular sessions of court are authorized by law to be held,” for “where Federal facilities are available”.
heading: Effective Date of 1992 Amendment
text: Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
heading: Effective Date
text: Section 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.
28 U.S.C. § 463 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 463. Expenses of litigation
Whenever a Chief Justice, justice, judge, officer, or employee of any United States court is sued in his official capacity, or is otherwise required to defend acts taken or omissions made in his official capacity, and the services of an attorney for the Government are not reasonably available pursuant to chapter 31 of this title, the Director of the Administrative Office of the United States Courts may pay the costs of his defense. The Director shall prescribe regulations for such payments subject to the approval of the Judicial Conference of the United States.
(Added Pub. L. 97–164, title I, § 116(a), Apr. 2, 1982, 96 Stat. 32.)
heading: Effective Date
text: Section 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.
28 U.S.C. § 472 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 472. Development and implementation of a civil justice expense and delay reduction plan
(a) The civil justice expense and delay reduction plan implemented by a district court shall be developed or selected, as the case may be, after consideration of the recommendations of an advisory group appointed in accordance with section 478 of this title.
(b) The advisory group of a United States district court shall submit to the court a report, which shall be made available to the public and which shall include—
(1) an assessment of the matters referred to in subsection (c)(1);
(2) the basis for its recommendation that the district court develop a plan or select a model plan;
(3) recommended measures, rules and programs; and
(4) an explanation of the manner in which the recommended plan complies with section 473 of this title.
(c)
(1) In developing its recommendations, the advisory group of a district court shall promptly complete a thorough assessment of the state of the court’s civil and criminal dockets. In performing the assessment for a district court, the advisory group shall—
(A) determine the condition of the civil and criminal dockets;
(B) identify trends in case filings and in the demands being placed on the court’s resources;
(C) identify the principal causes of cost and delay in civil litigation, giving consideration to such potential causes as court procedures and the ways in which litigants and their attorneys approach and conduct litigation; and
(D) examine the extent to which costs and delays could be reduced by a better assessment of the impact of new legislation on the courts.
(2) In developing its recommendations, the advisory group of a district court shall take into account the particular needs and circumstances of the district court, litigants in such court, and the litigants’ attorneys.
(3) The advisory group of a district court shall ensure that its recommended actions include significant contributions to be made by the court, the litigants, and the litigants’ attorneys toward reducing cost and delay and thereby facilitating access to the courts.
(d) The chief judge of the district court shall transmit a copy of the plan implemented in accordance with subsection (a) and the report prepared in accordance with subsection (b) of this section to—
(1) the Director of the Administrative Office of the United States Courts;
(2) the judicial council of the circuit in which the district court is located; and
(3) the chief judge of each of the other United States district courts located in such circuit.
(Added Pub. L. 101–650, title I, § 103(a), Dec. 1, 1990, 104 Stat. 5090.)
28 U.S.C. § 474 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 474. Review of district court action
(a)
(1) The chief judge of each district court in a circuit and the chief judge of the circuit shall, as a committee—
(A) review each plan and report submitted pursuant to section 472(d) of this title; and
(B) make such suggestions for additional actions or modified actions of that district court as the committee considers appropriate for reducing cost and delay in civil litigation in the district court.
(2) The chief judge of a circuit may designate another judge of the court of appeals of that circuit, and the chief judge of a district court may designate another judge of such court, to perform that chief judge’s responsibilities under paragraph (1) of this subsection.
(b) The Judicial Conference of the United States—
(1) shall review each plan and report submitted by a district court pursuant to section 472(d) of this title; and
(2) may request the district court to take additional action if the Judicial Conference determines that such court has not adequately responded to the conditions relevant to the civil and criminal dockets of the court or to the recommendations of the district court’s advisory group.
(Added Pub. L. 101–650, title I, § 103(a), Dec. 1, 1990, 104 Stat. 5093; amended Pub. L. 102–198, § 2(2), Dec. 9, 1991, 105 Stat. 1623.)
heading: Amendments
text: 1991—Subsec. (a)(1). Pub. L. 102–198, § 2(2)(A), substituted “chief judge” for “chief judges” and struck out “court of appeals for such” after “judge of the” in introductory provisions.
Subsec. (a)(2). Pub. L. 102–198, § 2(2)(B), substituted “circuit may designate another judge of the court of appeals of that circuit,” for “court of appeals” and “court, to perform that” for “court to perform the”.
28 U.S.C. § 475 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 475. Periodic district court assessment
After developing or selecting a civil justice expense and delay reduction plan, each United States district court shall assess annually the condition of the court’s civil and criminal dockets with a view to determining appropriate additional actions that may be taken by the court to reduce cost and delay in civil litigation and to improve the litigation management practices of the court. In performing such assessment, the court shall consult with an advisory group appointed in accordance with section 478 of this title.
(Added Pub. L. 101–650, title I, § 103(a), Dec. 1, 1990, 104 Stat. 5093.)
28 U.S.C. § 476 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 476. Enhancement of judicial information dissemination
(a) The Director of the Administrative Office of the United States Courts shall prepare a semiannual report, available to the public, that discloses for each judicial officer—
(1) the number of motions that have been pending for more than six months and the name of each case in which such motion has been pending;
(2) the number of bench trials that have been submitted for more than six months and the name of each case in which such trials are under submission; and
(3) the number and names of cases that have not been terminated within three years after filing.
(b) To ensure uniformity of reporting, the standards for categorization or characterization of judicial actions to be prescribed in accordance with section 481 of this title shall apply to the semiannual report prepared under subsection (a).
(Added Pub. L. 101–650, title I, § 103(a), Dec. 1, 1990, 104 Stat. 5093.)
28 U.S.C. § 477 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 477. Model civil justice expense and delay reduction plan
(a)
(1) Based on the plans developed and implemented by the United States district courts designated as Early Implementation District Courts pursuant to section 103(c) of the Civil Justice Reform Act of 1990, the Judicial Conference of the United States may develop one or more model civil justice expense and delay reduction plans. Any such model plan shall be accompanied by a report explaining the manner in which the plan complies with section 473 of this title.
(2) The Director of the Federal Judicial Center and the Director of the Administrative Office of the United States Courts may make recommendations to the Judicial Conference regarding the development of any model civil justice expense and delay reduction plan.
(b) The Director of the Administrative Office of the United States Courts shall transmit to the United States district courts and to the Committees on the Judiciary of the Senate and the House of Representatives copies of any model plan and accompanying report.
(Added Pub. L. 101–650, title I, § 103(a), Dec. 1, 1990, 104 Stat. 5094.)
heading: References in Text
text: Section 103(c) of the Civil Justice Reform Act of 1990 [Pub. L. 101–650], referred to in subsec. (a)(1), is set out as a note under section 471 of this title.
28 U.S.C. § 478 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 478. Advisory groups
(a) Within ninety days after the date of the enactment of this chapter, the advisory group required in each United States district court in accordance with section 472 of this title shall be appointed by the chief judge of each district court, after consultation with the other judges of such court.
(b) The advisory group of a district court shall be balanced and include attorneys and other persons who are representative of major categories of litigants in such court, as determined by the chief judge of such court.
(c) Subject to subsection (d), in no event shall any member of the advisory group serve longer than four years.
(d) Notwithstanding subsection (c), the United States Attorney for a judicial district, or his or her designee, shall be a permanent member of the advisory group for that district court.
(e) The chief judge of a United States district court may designate a reporter for each advisory group, who may be compensated in accordance with guidelines established by the Judicial Conference of the United States.
(f) The members of an advisory group of a United States district court and any person designated as a reporter for such group shall be considered as independent contractors of such court when in the performance of official duties of the advisory group and may not, solely by reason of service on or for the advisory group, be prohibited from practicing law before such court.
(Added Pub. L. 101–650, title I, § 103(a), Dec. 1, 1990, 104 Stat. 5094.)
heading: References in Text
text: The date of the enactment of this chapter, referred to in subsec. (a), is the date of enactment of Pub. L. 101–650, which was approved Dec. 1, 1990.
28 U.S.C. § 479 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 479. Information on litigation management and cost and delay reduction
(a) Within four years after the date of the enactment of this chapter, the Judicial Conference of the United States shall prepare a comprehensive report on all plans received pursuant to section 472(d) of this title. The Director of the Federal Judicial Center and the Director of the Administrative Office of the United States Courts may make recommendations regarding such report to the Judicial Conference during the preparation of the report. The Judicial Conference shall transmit copies of the report to the United States district courts and to the Committees on the Judiciary of the Senate and the House of Representatives.
(b) The Judicial Conference of the United States shall, on a continuing basis—
(1) study ways to improve litigation management and dispute resolution services in the district courts; and
(2) make recommendations to the district courts on ways to improve such services.
(c)
(1) The Judicial Conference of the United States shall prepare, periodically revise, and transmit to the United States district courts a Manual for Litigation Management and Cost and Delay Reduction. The Director of the Federal Judicial Center and the Director of the Administrative Office of the United States Courts may make recommendations regarding the preparation of and any subsequent revisions to the Manual.
(2) The Manual shall be developed after careful evaluation of the plans implemented under section 472 of this title, the demonstration program conducted under section 104 of the Civil Justice Reform Act of 1990, and the pilot program conducted under section 105 of the Civil Justice Reform Act of 1990.
(3) The Manual shall contain a description and analysis of the litigation management, cost and delay reduction principles and techniques, and alternative dispute resolution programs considered most effective by the Judicial Conference, the Director of the Federal Judicial Center, and the Director of the Administrative Office of the United States Courts.
(Added Pub. L. 101–650, title I, § 103(a), Dec. 1, 1990, 104 Stat. 5095.)
heading: References in Text
text: The date of the enactment of this chapter, referred to in subsec. (a), is the date of enactment of Pub. L. 101–650, which was approved Dec. 1, 1990.
Sections 104 and 105 of the Civil Justice Reform Act of 1990 [Pub. L. 101–650], referred to in subsec. (c)(2), are set out as notes under section 471 of this title.
28 U.S.C. § 480 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 480. Training programs
The Director of the Federal Judicial Center and the Director of the Administrative Office of the United States Courts shall develop and conduct comprehensive education and training programs to ensure that all judicial officers, clerks of court, courtroom deputies, and other appropriate court personnel are thoroughly familiar with the most recent available information and analyses about litigation management and other techniques for reducing cost and expediting the resolution of civil litigation. The curriculum of such training programs shall be periodically revised to reflect such information and analyses.
(Added Pub. L. 101–650, title I, § 103(a), Dec. 1, 1990, 104 Stat. 5095.)