Online Attorney

Online Attorney

Personal-Injury-Law

Personal-Injury-Law





Online Attorney







times, was omitted as covered by sections 452 and 751 of this title. Changes in arrangement and phraseology were made. AMENDMENTS 1992 - Subsec. (c). Pub. L. 102-357 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "The Central District comprises the counties of Los Angeles, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and Ventura. "Court for the Central District shall be held at Los Angeles and Santa Ana." 1980 - Subsec. (c). Pub. L. 96-462 inserted "and Santa Ana" after "at Los Angeles". 1966 - Pub. L. 89-372 expanded the number of judicial districts in California from two to four by creating an Eastern and a Central District in addition to the existing Northern and Southern Districts, removed the provisions separating the Northern and Southern Districts into divisions, transferred to the newly created Eastern Division the counties of Alpine, Almador, Butte, Calaveras, Colusa, El Dorado, Glenn, Lassen, Modoc, Mono, Nevada, Placer, Plumas, Sacramento, San Joaquin, Shasta, Sierra, Siskiyou, Solano, Stanislaus, Sutter, Tehama, Trinity, Tuolumne, Yolo, and Yuba from the Northern District and Fresno, Inyo Kern, Kings, Madera, Mariposa, Merced, and Tulare from the Southern District, transferred to the newly created Central District the counties of Los Angeles, Orange, Riverside, San Bernardino, San Louis Obispo, Santa Barbara, and Ventura from the Southern District, substituted Eureka, Oakland, San Francisco, and San Jose for Eureka, Sacramento, and San Francisco as places for holding court for the Northern District, removed Fresno and Los Angeles from the list of places for holding court for the Southern District leaving San Diego as the only place for holding of court in the Southern District, and provided for the holding of court in Los Angeles for the Central District and in Fresno, Redding, and Sacramento for the Eastern District. EFFECTIVE DATE OF 1992 AMENDMENT Section 3 of Pub. L. 102-357 provided that: "(a) In General. - This Act [amending this section and enacting provisions set out below] and the amendments made by this Act shall take effect 6 months after the date of the enactment of this Act [Aug. 26, 1992]. "(b) Pending Cases Not Affected. - This Act and the amendments made by this Act shall not affect any action commenced before the effective date of this Act and pending in the United States District Court for the Central District of California on such date. "(c) Juries Not Affected. - This Act and the amendments made by this Act shall not affect the composition, or preclude the service, of any grand or petit jury summoned, empaneled, or actually serving in the Central Judicial District of California on the effective date of this Act." EFFECTIVE DATE OF 1980 AMENDMENT; SAVINGS PROVISION Section 7 of Pub. L. 96-462 provided that: "(a) This Act and the amendments made by this Act [amending this section and sections 95, 105, 113, and 124 of this title and enacting provisions set out as notes under this section and sections 95, 105, and 113 of this title] shall take effect on October 1, 1981. "(b) Nothing in this Act shall affect the composition or preclude the service of any grand or petit juror summoned, empaneled, or actually serving in any judicial district on the effective date of this Act [Oct. 1, 1981]." EFFECTIVE DATE OF 1966 AMENDMENT Section 3(i) of Pub. L. 89-372 provided that: "The provisions of this section [amending this section and enacting provisions set out as a note under this section and section 133 of this title] shall become effective six months after the date of enactment of this Act [Mar. 18, 1966]." CONGRESSIONAL FINDINGS CONCERNING CREATION OF THREE DIVISIONS IN CENTRAL DISTRICT Section 1 of Pub. L. 102-357 provided that: "The Congress makes the following findings: "(1) The Federal Government has the responsibility to provide quality services which are readily accessible to the people it serves. "(2) The court facilities in the Central Judicial District of California are presently inadequate, and current and projected growth exacerbates the problem. "(3) The population demographics of southern California have changed dramatically over the last decade, as the center of population shifts inland. Between 1980 and 1990, the population of Riverside County increased 76.5 percent, and San Bernardino County's population increased 58.5 percent, to a combined population of 2,600,000. "(4) In the next 15 years, the population in Riverside and San Bernardino Counties is expected to increase again by 70 percent, and 67 percent, respectively. By the year 2005, Riverside and San Bernardino Counties will have 4,400,000 residents. "(5) As a result of the population growth, the freeways connecting the Pacific coast and the inland areas are tremendously overburdened, and Federal offices along the coast are no longer accessible to the residents of Riverside and San Bernardino Counties. "(6) The creation of 3 divisions in the Central Judicial District of California is urgently needed to provide for the delivery of judicial services to all areas and all residents of the Central Judicial District of California." STUDY OF JUDICIAL BUSINESS IN CENTRAL DISTRICT, CALIFORNIA AND EASTERN DISTRICT, NEW YORK AND RECOMMENDATIONS FOR CREATION OF NEW JUDICIAL DISTRICTS Pub. L. 95-573, Sec. 5, Nov. 2, 1978, 92 Stat. 2458, required the Director of the Administrative Office of the United States Courts to conduct a study of the judicial business of the Central District of California and the Eastern District of New York, within one year of Nov. 2, 1978, and to make recommendations to Congress with respect to the need for creation of new judicial districts. CREATION OF EASTERN AND CENTRAL DISTRICTS: TRANSFER OF DISTRICT JUDGES; TRANSFER AND APPOINTMENT OF UNITED STATES ATTORNEYS AND UNITED STATES MARSHALS Section 3(b)-(g) of Pub. L. 89-372 provided that: "(b) The two district judges for the northern district of California holding office on the day before the effective date of this section [see Effective Date of 1966 Amendment note above] and whose official station is Sacramento shall, on and after such date, be district judges for the eastern district of California. All other district judges for the northern district of California holding office on the day before the effective date of this section shall, on and after such date, be district judges for the northern district of California. "(c) The district judge for the southern district of California, residing in the northern division thereof and holding office on the day before the effective date of this section [see Effective Date of 1966 Amendment note above], shall, on and after such date, be a district judge for the eastern district of California. The two district judges for the southern district of California holding office on the day before the effective date of this section [see Effective Date of 1966 Amendment note above], and whose official station is San Diego shall, on and after such date, be the district judges for the southern district of California. All other district judges for the southern district of California holding office on the day before the effective date of this section shall, on and after such date, be district judges for the central district of California. "(d) Nothing in this Act [amending this section and sections 44 and 133 of this title and enacting provisions set out as notes under this section and sections 44 and 133 of this title] shall in any manner affect the tenure of office of the United States attorney and the United States marshal for the northern district of California who are in office on the effective date of this section [see Effective Date of 1966 Amendment note above], and who shall be during the remainder of their present terms of office the United States attorney and marshal for such district as constituted by this Act. "(e) Nothing in this Act [amending this section and sections 44 and 133 of this title and enacting provisions set out as notes under this section and sections 44 and 133 of this title] shall in any manner affect the tenure of office of the United States attorney and the United States marshal for the southern district of California who are in office on the effective date of this section, and who shall be during the remainder of their present terms of office the United States attorney and marshal for the central district of California. "(f) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and a United States marshal for the southern district of California. "(g) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and a United States marshal for the eastern district of California." -End- -CITE- 28 USC Sec. 85 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 5 - DISTRICT COURTS -HEAD- Sec. 85. Colorado -STATUTE- Colorado constitutes one judicial district. Court shall be held at Boulder, Denver, Durango, Grand Junction, Montrose, Pueblo, and Sterling. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 875; Pub. L. 98-620, title IV, Sec. 409, Nov. 8, 1984, 98 Stat. 3362.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 146 (Mar. 3, 1911, ch. 231, Sec. 73, 36 Stat. 1108; June 12, 1916, ch. 143, 39 Stat. 225; May 29, 1924, ch. 209, 43 Stat. 243). A provision for furnishing rooms and accommodations at Sterling was omitted as obsolete upon advice from the Director of the Administrative Office of the United States Courts that Federal accommodations are now available. A provision authorizing adjournment at Denver when there is not business for terms at other places, is incorporated in section 138 of this title. Provisions as to clerk's and marshal's deputies and maintenance of offices were deleted as covered by sections 541 [see 561], 542 [see 561], and 751 of this title. Changes in arrangement and phraseology were made. AMENDMENTS 1984 - Pub. L. 98-620 provided for holding court at Boulder. EFFECTIVE DATE OF 1984 AMENDMENT Section 411 of Pub. L. 98-620 provided that: "(a) The amendments made by this subtitle [subtitle B (Secs. 404-411) of title IV of Pub. L. 98-620, amending this section and sections 90, 93, 112, 124, and 126 of this title and enacting provisions set out as notes under sections 1, 90, 93, and 124 of this title] shall take effect on January 1, 1985. "(b) The amendments made by this subtitle shall not affect the composition, or preclude the service, of any grand or petit jury summoned, impaneled, or actually serving on the effective date of this subtitle [Jan. 1, 1985]." -End- -CITE- 28 USC Sec. 86 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 5 - DISTRICT COURTS -HEAD- Sec. 86. Connecticut -STATUTE- Connecticut constitutes one judicial district. Court shall be held at Bridgeport, Hartford, New Haven, New London, and Waterbury. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 875; Pub. L. 87-36, Sec. 3(b), May 19, 1961, 75 Stat. 83; Pub. L. 89-558, Sept. 7, 1966, 80 Stat. 705.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 147 (Mar. 3, 1911, ch. 231, Sec. 74, 36 Stat. 1108; Feb. 27, 1921, ch. 74, 41 Stat. 1146; June 15, 1933, ch. 80, 48 Stat. 148; Dec. 28, 1945, ch. 599, 59 Stat. 663). Changes in arrangement and phraseology were made. AMENDMENTS 1966 - Pub. L. 89-558 provided for holding court at New London. 1961 - Pub. L. 87-36 provided for holding court at Bridgeport and Waterbury. -End- -CITE- 28 USC Sec. 87 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 5 - DISTRICT COURTS -HEAD- Sec. 87. Delaware -STATUTE- Delaware constitutes one judicial district. Court shall be held at Wilmington. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 875.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 148 (Mar. 3, 1911, ch. 231, Sec. 75, 36 Stat. 1108). Minor changes in phraseology were made. -End- -CITE- 28 USC Sec. 88 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 5 - DISTRICT COURTS -HEAD- Sec. 88. District of Columbia -STATUTE- The District of Columbia constitutes one judicial district. Court shall be held at Washington. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 875.) -MISC1- HISTORICAL AND REVISION NOTES This section expressly makes the District of Columbia a judicial district of the United States. Section 41 of this title also makes the District of Columbia a judicial circuit of the United States. Section 11-305 of the District of Columbia Code, 1940 ed., provides that the District Court of the United States for the District of Columbia shall possess the same powers and exercise the same jurisdiction as the district courts of the United States, and shall be deemed a court of the United States. It is consonant with the ruling of the Supreme Court in O'Donoghue v. United States, 1933, 53 S.Ct. 740, 289 U.S. 516, 77 L.Ed. 1356, that the (then called) Supreme Court and Court of Appeals of the District of Columbia are constitutional courts of the United States, ordained and established under article III of the Constitution, Congress enacted that the Court of Appeals "shall hereafter be known as the United States Court of Appeals for the District of Columbia" (Act of June 7, 1934, 48 Stat. 926); and also changed the name of the Supreme Court of the District of Columbia to "district court of the United States for the District of Columbia" (Act of June 25, 1936, 49 Stat. 1921). In Federal Trade Commission v. Klesner, 1927, 47 S.Ct. 557, 274 U.S. 145, 71 L.Ed. 972, the Supreme Court ruled: "* * * The parallelism between the Supreme Court of the District [of Columbia] and the Court of Appeals of the District [of Columbia], on the one hand, and the district courts of the United States and the circuit courts of appeals, on the other, in the consideration and disposition of cases involving what among the States would be regarded as within Federal jurisdiction, is complete." See also to the same effect Clairborne-Annapolis Ferry Company v. United States, 1932, 52 S.Ct. 440, 285 U.S. 382, 76 L.Ed. 808. -End- -CITE- 28 USC Sec. 89 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 5 - DISTRICT COURTS -HEAD- Sec. 89. Florida -STATUTE- Florida is divided into three judicial districts to be known as the Northern, Middle, and Southern Districts of Florida. -HEAD- NORTHERN DISTRICT (a) The Northern District comprises the counties of Alachua, Bay, Calhoun, Dixie, Escambia, Franklin, Gadsden, Gilchrist, Gulf, Holmes, Jackson, Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla, Walton, and Washington. Court for the Northern District shall be held at Gainesville, Marianna, Panama City, Pensacola, and Tallahassee. MIDDLE DISTRICT (b) The Middle District comprises the counties of Baker, Bradford, Brevard, Charlotte, Citrus, Clay, Collier, Columbia, De Soto, Duval, Flagler, Glades, Hamilton, Hardee, Hendry, Hernando, Hillsborough, Lake, Lee, Manatee, Marion, Nassau, Orange, Osceola, Pasco, Pinellas, Polk, Putnam, St. Johns, Sarasota, Seminole, Sumter, Suwannee, Union, and Volusia. Court for the Middle District shall be held at Fernandina, Fort Myers, Jacksonville, Live Oak, Ocala, Orlando, Saint Petersburg, and Tampa. SOUTHERN DISTRICT (c) The Southern District comprises the counties of Broward, Dade, Highlands, Indian River, Martin, Monroe, Okeechobee, Palm Beach, and St. Lucie. Court for the Southern District shall be held at Fort Lauderdale, Fort Pierce, Key West, Miami, and West Palm Beach. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 876; July 17, 1952, ch. 929, 66 Stat. 757; Pub. L. 87-36, Sec. 3(f), May 19, 1961, 75 Stat. 83; Pub. L. 87-562, Sec. 1, July 30, 1962, 76 Stat. 247; Pub. L. 91-272, Sec. 10, June 2, 1970, 84 Stat. 298; Pub. L. 95-408, Sec. 4(a), Oct. 2, 1978, 92 Stat. 884; Pub. L. 100-702, title X, Sec. 1021(a), Nov. 19, 1988, 102 Stat. 4672.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 149 (Mar. 3, 1911, ch. 231, Sec. 76, 36 Stat. 1108; June 15, 1933, ch. 77, 48 Stat. 147; Aug. 25, 1937, ch. 763, Sec. 1, 50 Stat. 800). A provision requiring rooms and accommodations to be furnished at Orlando without cost to the United States was omitted as obsolete, upon advice of the Director of the Administrative Office for the United States Courts that Federal accommodations are now available in Orlando. A provision requiring court to be open at all times was omitted as covered by section 452 of this title. A provision that no deputy clerk or deputy marshal should be appointed at Fort Pierce, was omitted as incongruous with other sections of this title. See sections 541 [see 561], 542 [see 561], and 751 of this title. The provision respecting court accommodations at Fort Pierce and Panama City was omitted as covered by section 142 of this title. Changes in arrangement and phraseology were made. AMENDMENTS 1988 - Subsec. (b). Pub. L. 100-702, Sec. 1021(a)(1), added Collier, Glades, and Hendry to the counties comprising the Middle District. Subsec. (c). Pub. L. 100-702, Sec. 1021(a)(2), struck out Collier, Glades, and Hendry from the counties comprising the Southern District. 1978 - Subsec. (a). Pub. L. 95-408, Sec. 4(a)(1), added Madison to the counties comprising the Northern District. Subsec. (b). Pub. L. 95-408, Sec. 4(a)(2), struck out Madison from the counties comprising the Middle District. 1970 - Subsec. (c). Pub. L. 91-272 provided for holding court at Fort Lauderdale. 1962 - Pub. L. 87-562 struck out provisions which authorized court for the Northern District to be held at Live Oak, and for the Southern District at Fernandina, Fort Myers, Jacksonville, Ocala, Orlando, and Tampa, and removed the counties of Baker, Bradford, Brevard, Charlotte, Citrus, Clay, Columbia, De Soto, Duval, Flagler, Hamilton, Hardee, Hernando, Hillsborough, Lake, Lee, Madison, Manatee, Marion, Nassau, Orange, Osceola, Pasco, Pinellas, Polk, Putnam, Saint Johns, Sarasota, Seminole, Sumter, Suwannee, Union, and Volusia from the Southern District and created the Middle District to comprise such counties. 1961 - Subsec. (a). Pub. L. 87-36 provided for holding court at Live Oak. 1952 - Subsec. (b). Act July 17, 1952, provided for holding court at Fort Myers and West Palm Beach. EFFECTIVE DATE OF 1988 AMENDMENT Section 1021(b), (c) of title X of Pub. L. 100-702 provided that: "(b) Effective Date. - (1) The amendments made by this section [amending this section] shall take effect 90 days after the date of enactment of this title [Nov. 19, 1988]. "(2) The amendments made by subsection (a) [amending this section] shall apply to any action commenced in the United States District Court for the Middle District of Florida, or in the United States District Court for the Southern District of Florida, on or after the effective date of this title [probably should be effective date of this section], and shall not affect any action pending in either such court on such effective date. "(c) Juries. - The amendments made by this section [amending this section] shall not affect the composition, or preclude the service, of any grand or petit jury summoned, empaneled, or actually serving on the effective date of this title [probably should be effective date of this section]." EFFECTIVE DATE OF 1978 AMENDMENT; SAVINGS PROVISION Section 5 of Pub. L. 95-408 provided that: "(a) The amendments made by this Act [amending this section and sections 93, 97, 98, 104, 112, 114, and 133 of this title and enacting provisions set out as a note under section 81 of this title] shall take effect 180 days after the date of enactment of this Act [Oct. 2, 1978]. "(b) Nothing in this Act shall affect the composition or preclude the service of any grand or petit juror summoned, empaneled, or actually serving in any judicial district on the effective date of this Act." EFFECTIVE DATE OF 1962 AMENDMENT Section 5 of Pub. L. 87-562 provided that: "This Act [amending this section and section 133 of this title and enacting provisions set out as notes under this section and section 142 of this title] shall become effective ninety days after the date of enactment [July 30, 1962]." DISTRICT JUDGES, UNITED STATES ATTORNEYS, AND UNITED STATES MARSHALS DESIGNATIONS; TENURE; APPOINTMENTS Section 2 of Pub. L. 87-562 provided that: "(a) The district judge appointed September 26, 1950, the district judge appointed August 13, 1955, and the district judge appointed March 8, 1961, all for the Southern District of Florida, shall hereafter be designated as district judges for the Middle District of Florida. "(b) The district judge for the Northern and Southern Districts of Florida shall hereafter be designated as the district judge for the Northern, Middle, and Southern Districts of Florida. "(c) Nothing in this Act [amending this section and section 133 of this title, and enacting provisions set out as notes under this section and section 142 of this title] shall in any manner affect the tenure of office of the United States Attorney and the United States Marshal for the Northern District of Florida who are in office at the time of the enactment of this Act [July 30, 1962], and who shall be during the remainder of their present terms of office the United States Attorney and Marshal for such district as constituted by this Act. "(d) Nothing in this Act [amending this section and section 133 of this title and enacting provisions set out as notes under this section and section 142 of this title] shall in any manner affect the tenure of office of the United States Attorney and the United States Marshal for the Southern District of Florida who are in office at the time of the enactment of this Act [July 30, 1962], and who shall be during the remainder of their present terms of office the United States Attorney and Marshal for the Middle District of Florida as constituted by this Act. "(e) The President is authorized to appoint, by and with the advice and consent of the Senate, a United States Attorney and a United States Marshal for the Southern District of Florida." ELIMINATION OF DISTRICT JUDGESHIP FOR NORTHERN, MIDDLE, AND SOUTHERN DISTRICTS OF FLORIDA District judgeship for northern, middle, and southern districts changed to district judgeship for middle district only, see section 2(b) of Pub. L. 89-372, set out as a note under section 133 of this title. -End- -CITE- 28 USC Sec. 90 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 5 - DISTRICT COURTS -HEAD- Sec. 90.

Online Attorney




Read this important disclaimer

If you experience unusual problems with this site please email the webmaster.

Copyright: David Matheny, 2006-2008.