An Act to provide that the district courts shall be always open for certain purposes, to abolish terms of court and to regulate the sessions of the courts for transacting judicial business
PL 88-139 (H.R.2845), enacted 10/16/1963

248 
PUBLIC LAW 88-139-OCT. 16, 1963 
[77 STAT. 
Public Law 88-139 
October 16, 1963 
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[H. R. 2845] 
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j provide that the district courts shall be always open for certain purposes, 
to abolish terms of court and to regulate the sessions of the (rourts for 
transacting judicial business. 
Be It enacted hy the Senate and House of Revresentatwes 
of the 
District courts, f/nited States of America in Congress assembled, That sections 138, 
iaaon!'°"'' '^^"" l''^9, 140, and 141 of title 28, United States Code, be amended to read 
62 Stat. 897. 
as follows: 
"§ 138. Terms abolished 
"The district court shall not hold formal terms. 
"§ 139. Times for holding regular sessions 
"The times for commencing regular sessions of the district court 
for transacting judicial business at the places tixed 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. 
"§ 140. Adjournment 
"(a) Any district court may, by order made anywhere within its 
district, adjourn or, wath 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. 
"§141. Special sessions; places; notice 
"Special sessions of the district court may be held at such places in 
the district as the nature of the business may require, and upon 
such notice as the court orders. 
"Any business may be transacted at a special session which might 
he transacted at a regular session." 
SEC. 2. Sections 452 and 1869 of title 28, United States Code, and 
sections 3288 and 3289 of title 18, United States Code, are each 
amended by striking out the word "term" wherever it appears therein 
and inserting in lieu thereof the word "session" and the catchline 
to section 452 is amended by striking out the word "terms" and 
inserting in lieu thereof the words "expiration of sessions". 
SEC. 3. (a) Items 138, 139, and 141 in the analysis of chapter 
28 use 81-144. 5 of title 28, United States Code, immediately preceding section 81, 
are amended to read as follows: 
"138. Terms abolished. 
"139. Times for holding regular sessions. 
"141. Special sessions; places ; notice." 
(b) Item 452 in the analysis of chapter 21 of title 28, United 
28 use 451-460. gtates Code, immediately preceding section 451, is amended to 
read as follows: 
"452. Courts always open; pow^er unrestricted by expiration of sessions." 
Approved October 16, 1963.