dreamproit/uscode huggingface dataset:
28 U.S.C. § 1658 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 1658. Time limitations on the commencement of civil actions arising under Acts of Congress
(a) Except as otherwise provided by law, a civil action arising under an Act of Congress enacted after the date of the enactment of this section may not be commenced later than 4 years after the cause of action accrues.
(b) Notwithstanding subsection (a), a private right of action that involves a claim of fraud, deceit, manipulation, or contrivance in contravention of a regulatory requirement concerning the securities laws, as defined in section 3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(47)), may be brought not later than the earlier of—
(1) 2 years after the discovery of the facts constituting the violation; or
(2) 5 years after such violation.
(Added Pub. L. 101–650, title III, § 313(a), Dec. 1, 1990, 104 Stat. 5114; amended Pub. L. 107–204, title VIII, § 804(a), July 30, 2002, 116 Stat. 801.)
heading: References in Text
text: The date of the enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 101–650, which was approved Dec. 1, 1990.
heading: Amendments
text: 2002—Pub. L. 107–204 designated existing provisions as subsec. (a) and added subsec. (b).
heading: Effective Date of 2002 Amendment
text: Pub. L. 107–204, title VIII, § 804(b), July 30, 2002, 116 Stat. 801, provided that: “The limitations period provided by section 1658(b) of title 28, United States Code, as added by this section, shall apply to all proceedings addressed by this section that are commenced on or after the date of enactment of this Act [July 30, 2002].”
heading: Effective Date
text: Pub. L. 101–650, title III, § 313(c), Dec. 1, 1990, 104 Stat. 5115, provided that: “The amendments made by this section [enacting this section] shall apply with respect to causes of action accruing on or after the date of the enactment of this Act [Dec. 1, 1990].”
heading: No Creation of Actions
text: Pub. L. 107–204, title VIII, § 804(c), July 30, 2002, 116 Stat. 801, provided that: “Nothing in this section [amending this section and enacting provisions set out as a note under this section] shall create a new, private right of action.”
28 U.S.C. § 1659 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 1659. Stay of certain actions pending disposition of related proceedings before the United States International Trade Commission
(a) Stay.—
In a civil action involving parties that are also parties to a proceeding before the United States International Trade Commission under section 337 of the Tariff Act of 1930, at the request of a party to the civil action that is also a respondent in the proceeding before the Commission, the district court shall stay, until the determination of the Commission becomes final, proceedings in the civil action with respect to any claim that involves the same issues involved in the proceeding before the Commission, but only if such request is made within—
(1) 30 days after the party is named as a respondent in the proceeding before the Commission, or
(2) 30 days after the district court action is filed,
whichever is later.
(b) Use of Commission Record.—
Notwithstanding section 337(n)(1) of the Tariff Act of 1930, after dissolution of a stay under subsection (a), the record of the proceeding before the United States International Trade Commission shall be transmitted to the district court and shall be admissible in the civil action, subject to such protective order as the district court determines necessary, to the extent permitted under the Federal Rules of Evidence and the Federal Rules of Civil Procedure.
(Added Pub. L. 103–465, title III, § 321(b)(1)(A), Dec. 8, 1994, 108 Stat. 4945.)
heading: References in Text
text: Section 337 of the Tariff Act of 1930, referred to in text, is classified to section 1337 of Title 19, Customs Duties.
The Federal Rules of Evidence and the Federal Rules of Civil Procedure, referred to in subsec. (b), are set out in the Appendix to this title.
heading: Effective Date
text: Section applicable with respect to complaints filed under section 1337 of Title 19, Customs Duties, on or after the date on which the World Trade Organization Agreement enters into force with respect to the United States [Jan. 1, 1995], or in cases under section 1337 of Title 19 in which no complaint is filed, with respect to investigations initiated under such section on or after such date, see section 322 of Pub. L. 103–465, set out as an Effective Date of 1994 Amendment note under section 1337 of Title 19.
28 U.S.C. § 1691 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 1691. Seal and teste of process
All writs and process issuing from a court of the United States shall be under the seal of the court and signed by the clerk thereof.
(June 25, 1948, ch. 646, 62 Stat. 945.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 721 (R.S. § 911; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167).
Provisions as to teste of process issuing from the district courts were omitted as superseded by Rule 4 (b) of the Federal Rules of Civil Procedure. Provision for teste of the Chief Justice of writs and process was omitted as unnecessary.
A provision requiring the United States to bear the expense of providing seals was omitted as unnecessary and obsolete.
Changes were made in phraseology.
heading: Immunity From Seizure Under Judicial Process of Cultural Objects Imported for Temporary Exhibition or Display
text: Presidential determination of cultural significance of objects and exhibition or display thereof in the national interest, see section 2459 of Title 22, Foreign Relations and Intercourse.
28 U.S.C. § 1692 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 1692. Process and orders affecting property in different districts
In proceedings in a district court where a receiver is appointed for property, real, personal, or mixed, situated in different districts, process may issue and be executed in any such district as if the property lay wholly within one district, but orders affecting the property shall be entered of record in each of such districts.
(June 25, 1948, ch. 646, 62 Stat. 945.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 117 (Mar. 3, 1911, ch. 231, § 56, 36 Stat. 1102).
Provisions of section 117 of title 28, U.S.C., 1940 ed., as to jurisdiction and control of a receiver of property in several districts are the basis of section 754 of this title.
For explanation of revision of section 117 of title 28, U.S.C., 1940 ed., and its extension to include property, not only in the same judicial circuit, but in any judicial circuit. (See reviser’s note under section 754 of this title.)
Changes were made in phraseology.
28 U.S.C. § 1693 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 1693. Place of arrest in civil action
Except as otherwise provided by Act of Congress, no person shall be arrested in one district for trial in another in any civil action in a district court.
(June 25, 1948, ch. 646, 62 Stat. 945.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 112 (Mar. 3, 1911, ch. 231, § 51, 36 Stat. 1101; Sept. 19, 1922, ch. 345, 42 Stat. 849; Mar. 4, 1925, ch. 526, § 1, 43 Stat. 1264; Apr. 16, 1936, ch. 230, 49 Stat. 1213).
Venue provisions of section 112 of title 28, U.S.C., 1940 ed., appear in sections 1391 and 1401 of this title. Other provisions are incorporated in section 1695 of this title.
The exception at the beginning of the section was substituted for “Except as provided in sections 113–117 of this title.”
Changes were made in phraseology.
28 U.S.C. § 1694 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 1694. Patent infringement action
In a patent infringement action commenced in a district where the defendant is not a resident but has a regular and established place of business, service of process, summons or subpoena upon such defendant may be made upon his agent or agents conducting such business.
(June 25, 1948, ch. 646, 62 Stat. 945.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 109 (Mar. 3, 1911, ch. 231, § 48, 36 Stat. 1100).
Venue provisions of section 109 of title 28, U.S.C., 1940 ed., appear in section 1400 of this title.
Changes were made in phraseology.
28 U.S.C. § 1695 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 1695. Stockholder’s derivative action
Process in a stockholder’s action in behalf of his corporation may be served upon such corporation in any district where it is organized or licensed to do business or is doing business.
(June 25, 1948, ch. 646, 62 Stat. 945.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 112 (Mar. 3, 1911, ch. 231, § 51, 36 Stat. 1101; Sept. 19, 1922, ch. 345, 42 Stat. 849; Mar. 4, 1925, ch. 526, § 1, 43 Stat. 1264; Apr. 16, 1936, ch. 230, 49 Stat. 1213).
The phrase “is organized or licensed to do business or is doing business” was substituted for the words “resides or is found,” as more specific and to conform to section 1391 of this title.
Venue provisions of section 112 of title 28, U.S.C., 1940 ed., appear in section 1391 and 1401 of this title. Other provisions are incorporated in section 1693 of this title.
Changes were made in phraseology.
28 U.S.C. § 1696 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 1696. Service in foreign and international litigation
(a) The district court of the district in which a person resides or is found may order service upon him of any document issued in connection with a proceeding in a foreign or international tribunal. The order may be made pursuant to a letter rogatory issued, or request made, by a foreign or international tribunal or upon application of any interested person and shall direct the manner of service. Service pursuant to this subsection does not, of itself, require the recognition or enforcement in the United States of a judgment, decree, or order rendered by a foreign or international tribunal.
(b) This section does not preclude service of such a document without an order of court.
(Added Pub. L. 88–619, § 4(a), Oct. 3, 1964, 78 Stat. 995.)
28 U.S.C. § 1697 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 1697. Service in multiparty, multiforum actions
When the jurisdiction of the district court is based in whole or in part upon section 1369 of this title, process, other than subpoenas, may be served at any place within the United States, or anywhere outside the United States if otherwise permitted by law.
(Added Pub. L. 107–273, div. C, title I, § 11020(b)(4)(A)(i), Nov. 2, 2002, 116 Stat. 1828.)
heading: Effective Date
text: Section applicable to a civil action if the accident giving rise to the cause of action occurred on or after the 90th day after Nov. 2, 2002, see section 11020(c) of Pub. L. 107–273, set out as a note under section 1369 of this title.
28 U.S.C. § 1712 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 1712. Coupon settlements
(a) Contingent Fees in Coupon Settlements.—
If a proposed settlement in a class action provides for a recovery of coupons to a class member, the portion of any attorney’s fee award to class counsel that is attributable to the award of the coupons shall be based on the value to class members of the coupons that are redeemed.
(b) Other Attorney’s Fee Awards in Coupon Settlements.—
(1) In general.—
If a proposed settlement in a class action provides for a recovery of coupons to class members, and a portion of the recovery of the coupons is not used to determine the attorney’s fee to be paid to class counsel, any attorney’s fee award shall be based upon the amount of time class counsel reasonably expended working on the action.
(2) Court approval.—
Any attorney’s fee under this subsection shall be subject to approval by the court and shall include an appropriate attorney’s fee, if any, for obtaining equitable relief, including an injunction, if applicable. Nothing in this subsection shall be construed to prohibit application of a lodestar with a multiplier method of determining attorney’s fees.
(c) Attorney’s Fee Awards Calculated on a Mixed Basis in Coupon Settlements.—
If a proposed settlement in a class action provides for an award of coupons to class members and also provides for equitable relief, including injunctive relief—
(1) that portion of the attorney’s fee to be paid to class counsel that is based upon a portion of the recovery of the coupons shall be calculated in accordance with subsection (a); and
(2) that portion of the attorney’s fee to be paid to class counsel that is not based upon a portion of the recovery of the coupons shall be calculated in accordance with subsection (b).
(d) Settlement Valuation Expertise.—
In a class action involving the awarding of coupons, the court may, in its discretion upon the motion of a party, receive expert testimony from a witness qualified to provide information on the actual value to the class members of the coupons that are redeemed.
(e) Judicial Scrutiny of Coupon Settlements.—
In a proposed settlement under which class members would be awarded coupons, the court may approve the proposed settlement only after a hearing to determine whether, and making a written finding that, the settlement is fair, reasonable, and adequate for class members. The court, in its discretion, may also require that a proposed settlement agreement provide for the distribution of a portion of the value of unclaimed coupons to 1 or more charitable or governmental organizations, as agreed to by the parties. The distribution and redemption of any proceeds under this subsection shall not be used to calculate attorneys’ fees under this section.
(Added Pub. L. 109–2, § 3(a), Feb. 18, 2005, 119 Stat. 6.)
28 U.S.C. § 1713 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 1713. Protection against loss by class members
The court may approve a proposed settlement under which any class member is obligated to pay sums to class counsel that would result in a net loss to the class member only if the court makes a written finding that nonmonetary benefits to the class member substantially outweigh the monetary loss.
(Added Pub. L. 109–2, § 3(a), Feb. 18, 2005, 119 Stat. 7.)
28 U.S.C. § 1714 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 1714. Protection against discrimination based on geographic location
The court may not approve a proposed settlement that provides for the payment of greater sums to some class members than to others solely on the basis that the class members to whom the greater sums are to be paid are located in closer geographic proximity to the court.
(Added Pub. L. 109–2, § 3(a), Feb. 18, 2005, 119 Stat. 7.)
28 U.S.C. § 1731 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 1731. Handwriting
The admitted or proved handwriting of any person shall be admissible, for purposes of comparison, to determine genuineness of other handwriting attributed to such person.
(June 25, 1948, ch. 646, 62 Stat. 945.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 638 (Feb. 26, 1913, ch. 79, 37 Stat. 683).
Words “as a basis for comparison by witnesses, or by the jury, court, or officer conducting such proceeding”, were omitted as superfluous.
Changes were made in phraseology.
28 U.S.C. § 1732 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 1732. Record made in regular course of business; photographic copies
If any business, institution, member of a profession or calling, or any department or agency of government, in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence, or event, and in the regular course of business has caused any or all of the same to be recorded, copied, or reproduced by any photographic, photostatic, microfilm, micro-card, miniature photographic, or other process which accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless its preservation is required by law. Such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court. The introduction of a reproduced record, enlargement, or facsimile does not preclude admission of the original. This subsection 1 shall not be construed to exclude from evidence any document or copy thereof which is otherwise admissible under the rules of evidence.
(June 25, 1948, ch. 646, 62 Stat. 945; Aug. 28, 1951, ch. 351, §§ 1, 3, 65 Stat. 205, 206; Pub. L. 87–183, Aug. 30, 1961, 75 Stat. 413; Pub. L. 93–595, § 2(b), Jan. 2, 1975, 88 Stat. 1949.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., § 695 (June 20, 1936, ch. 640, § 1, 49 Stat. 1561).
Changes in phraseology were made.
heading: Amendments
text: 1975—Pub. L. 93–595 struck out subsec. (a) which had made admissible as evidence writings or records made as a memorandum or record of any act, transaction, occurrence, or event if made in the regular course of business, and struck out designation “(b)” preceding remainder of section. See Federal Rules of Evidence set out in Appendix to this title.
1961—Subsec. (b). Pub. L. 87–183 struck out “unless held in a custodial or fiduciary capacity or” after “may be destroyed in the regular course of business”.
1951—Act Aug. 29, 1951, § 3, inserted reference to photographic copies in section catchline.
Subsecs. (a), (b). Act Aug. 28, 1951, § 1, designated existing provisions as subsec. (a) and added subsec. (b).
28 U.S.C. § 1733 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 1733. Government records and papers; copies
(a) Books or records of account or minutes of proceedings of any department or agency of the United States shall be admissible to prove the act, transaction or occurrence as a memorandum of which the same were made or kept.
(b) Properly authenticated copies or transcripts of any books, records, papers or documents of any department or agency of the United States shall be admitted in evidence equally with the originals thereof.
(c) This section does not apply to cases, actions, and proceedings to which the Federal Rules of Evidence apply.
(June 25, 1948, ch. 646, 62 Stat. 946; Pub. L. 93–595, § 2(c), Jan. 2, 1975, 88 Stat. 1949.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., §§ 661–667, 671 (R.S. §§ 882–886, 889; July 31, 1894, ch. 174, §§ 17, 22, 28 Stat. 210; Mar. 2, 1895, ch. 177, § 10, 28 Stat. 809; June 10, 1921, ch. 18, §§ 301, 302, 304, 310, 42 Stat. 23–25; May 10, 1934, ch. 277, § 512, 48 Stat. 758; June 19, 1934, ch. 653, § 6(a), 48 Stat. 1109).
The consolidation of sections 661–667 and 671 of title 28, U.S.C., 1940 ed., permitted omission of obsolete, unnecessary and repetitive provisions in such sections. For example, the provision in section 665 of title 28, U.S.C., 1940 ed., authorizing the court to require production of documents on a plea of non est factum, was omitted. Such plea is obsolete in Federal practice.
Numerous provisions with respect to authentication were omitted as covered by Rule 44 of the Federal Rules of Civil Procedure.
Likewise the provision that official seals shall be judicially noticed was omitted as unnecessary. Seals of Federal agencies are judicially noticed by States and Federal courts without statutory mandate. Gardner v. Barney, 1867, 6 Wall. 499, 73 U.S.C. 499, 18 L.Ed. 890, 31 C.J.S. 599 n. 27–30 and 23 C.J.S. 99 n. 41. The same principle unquestionably will apply to seals of Government corporations.
Words “of any corporation all the stock of which is beneficially owned by the United States, either directly or indirectly”, in section 661 of title 28, U.S.C., 1940 ed., were omitted as covered by “or agency”. The revised section was broadened to apply to “any department or agency”. (See reviser’s note under section 1345 of this title.)
Changes were made in phraseology.
heading: References in Text
text: The Federal Rules of Evidence, referred to in subsec. (c), are set out in the Appendix to this title.
heading: Amendments
text: 1975—Subsec. (c). Pub. L. 93–595 added subsec. (c).
28 U.S.C. § 1734 (JUDICIARY AND JUDICIAL PROCEDURE)
§ 1734. Court record lost or destroyed, generally
(a) A lost or destroyed record of any proceeding in any court of the United States may be supplied on application of any interested party not at fault, by substituting a copy certified by the clerk of any court in which an authentic copy is lodged.
(b) Where a certified copy is not available, any interested person not at fault may file in such court a verified application for an order establishing the lost or destroyed record.
Every other interested person shall be served personally with a copy of the application and with notice of hearing on a day stated, not less than sixty days after service. Service may be made on any nonresident of the district anywhere within the jurisdiction of the United States or in any foreign country.
Proof of service in a foreign country shall be certified by a minister or consul of the United States in such country, under his official seal.
If, after the hearing, the court is satisfied that the statements contained in the application are true, it shall enter an order reciting the substance and effect of the lost or destroyed record. Such order, subject to intervening rights of third persons, shall have the same effect as the original record.
(June 25, 1948, ch. 646, 62 Stat. 946.)
heading: Historical and Revision Notes
text: Based on title 28, U.S.C., 1940 ed., §§ 681, 682, 683, and 684 (R.S. §§ 899, 900, 901, 902; Jan. 31, 1879, ch. 39, § 1, 20 Stat. 277).
Sections 681, 682, and 684 of title 28, U.S.C., 1940 ed., contained repetitious language which was eliminated by the consolidation.
Section 683 of title 28, U.S.C., 1940 ed., applied only to cases removed to the Supreme Court, and was revised so as to be applicable to cases transmitted to other courts not in existence in 1871 when the section was originally enacted.
Changes were made in phraseology.