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and immunities under the law of the United States, is being used exclusively for diplomatic or consular purposes. "(3) Certain property. - The term 'property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations' and the term 'asset subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations' mean any property or asset, respectively, the attachment in aid of execution or execution of which would result in a violation of an obligation of the United States under the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations, as the case may be. "(4) Terrorist party. - The term 'terrorist party' means a terrorist, a terrorist organization (as defined in section 212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi))), or a foreign state designated as a state sponsor of terrorism under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) or section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371)." WAIVER OF EXCEPTION TO IMMUNITY FROM ATTACHMENT OR EXECUTION Pub. L. 105-277, div. A, Sec. 101(h) [title I, Sec. 117(d)], Oct. 21, 1998, 112 Stat. 2681-480, 2681-492, which authorized the President to waive the requirements of section 101(h) [title I, Sec. 117] of Pub. L. 105-277, which amended this section and section 1606 of this title and enacted provisions set out as a note above, in the interest of national security, was repealed by Pub. L. 106-386, div. C, Sec. 2002(g)(2), formerly Sec. 2002(f)(2), Oct. 28, 2000, 114 Stat. 1543, renumbered Sec. 2002(g)(2), Pub. L. 107-297, title II, Sec. 201(c)(3), Nov. 26, 2002, 116 Stat. 2337. Determination of President of the United States, No. 99-1, Oct. 21, 1998, 64 F.R. 59201, which provided for waiver of requirements of section 101(h) [title I, Sec. 117(b)] of div. A of Pub. L. 105-277, relating to blocked property of terrorist-list states, was superseded by Determination of President of the United States, No. 2001-3, Oct. 28, 2000, 65 F.R. 66483, set out below. -EXEC- DETERMINATION TO WAIVE ATTACHMENT PROVISIONS RELATING TO BLOCKED PROPERTY OF TERRORIST-LIST STATES Determination of President of the United States, No. 2001-3, Oct. 28, 2000, 65 F.R. 66483, provided: Memorandum for the Secretary of State [and] the Secretary of the Treasury By the authority vested in me as President by the Constitution and laws of the United States of America, including section 2002(f) [now 2002(g)] of H.R. 3244, "Victims of Trafficking and Violence Protection Act of 2000," (approved October 28, 2000) [section 2002(g) of Pub. L. 106-386, amending this section and section 1606 of this title and repealing provisions set out as a note above], I hereby determine that subsection (f)(1) of section 1610 of title 28, United States Code, which provides that any property with respect to which financial transactions are prohibited or regulated pursuant to section 5(b) of the Trading with the Enemy Act (50 U.S.[C.] App. 5(b)[)], section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(a)), sections 202 and 203 of the International Emergency Economic Powers Act (50 U.S.C. 1701-1702), and proclamations, orders, regulations, and licenses issued pursuant thereto, be subject to execution or attachment in aid of execution of any judgment relating to a claim for which a foreign state claiming such property is not immune from the jurisdiction of courts of the United States or of the States under section 1605(a)(7) of title 28, United States Code, would impede the ability of the President to conduct foreign policy in the interest of national security and would, in particular, impede the effectiveness of such prohibitions and regulations upon financial transactions. Therefore, pursuant to section 2002(f) [now 2002(g)] of H.R. 3244, the "Victim's of Trafficking and Violence Protection Act of 2000," I hereby waive subsection (f)(1) of section 1610 of title 28, United States Code, in the interest of national security. This waiver, together with the amendment of subsection (f)(2) of the Foreign Sovereign Immunities Act [probably means subsec. (f)(2) of this section] and the repeal of the subsection (b) of section 117 of the Treasury and General Government Appropriations Act, 1999 [section 101(h) [title I, Sec. 117(b)] of div. A of Pub. L. 105-277, amending section 1606 of this title], supersedes my prior waiver of the requirements of subsections (a) and (b) of said section 117 [amending this section and section 1606 of this title], executed on October 21, 1998 [former Determination of President of the United States, No. 99-1, Oct. 21, 1998, 64 F.R. 59201]. The Secretary of State is authorized and directed to publish this determination in the Federal Register. William J. Clinton. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1609, 1611 of this title. -End- -CITE- 28 USC Sec. 1611 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 97 - JURISDICTIONAL IMMUNITIES OF FOREIGN STATES -HEAD- Sec. 1611. Certain types of property immune from execution -STATUTE- (a) Notwithstanding the provisions of section 1610 of this chapter, the property of those organizations designated by the President as being entitled to enjoy the privileges, exemptions, and immunities provided by the International Organizations Immunities Act shall not be subject to attachment or any other judicial process impeding the disbursement of funds to, or on the order of, a foreign state as the result of an action brought in the courts of the United States or of the States. (b) Notwithstanding the provisions of section 1610 of this chapter, the property of a foreign state shall be immune from attachment and from execution, if - (1) the property is that of a foreign central bank or monetary authority held for its own account, unless such bank or authority, or its parent foreign government, has explicitly waived its immunity from attachment in aid of execution, or from execution, notwithstanding any withdrawal of the waiver which the bank, authority or government may purport to effect except in accordance with the terms of the waiver; or (2) the property is, or is intended to be, used in connection with a military activity and (A) is of a military character, or (B) is under the control of a military authority or defense agency. (c) Notwithstanding the provisions of section 1610 of this chapter, the property of a foreign state shall be immune from attachment and from execution in an action brought under section 302 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 to the extent that the property is a facility or installation used by an accredited diplomatic mission for official purposes. -SOURCE- (Added Pub. L. 94-583, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2897; amended Pub. L. 104-114, title III, Sec. 302(e), Mar. 12, 1996, 110 Stat. 818.) -REFTEXT- REFERENCES IN TEXT The International Organizations Immunities Act, referred to in subsec. (a), is title I of act Dec. 29, 1945, ch. 652, 59 Stat. 669, as amended, which is classified principally to subchapter XVIII (Sec. 288 et seq.) of chapter 7 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 288 of Title 22 and Tables. Section 302 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, referred to in subsec. (c), is section 302 of Pub. L. 104-114, which amended this section and enacted section 6082 of Title 22, Foreign Relations and Intercourse. -MISC1- AMENDMENTS 1996 - Subsec. (c). Pub. L. 104-114 added subsec. (c). EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104-114 effective Aug. 1, 1996, or date determined pursuant to suspension authority of President under section 6085(b) or (c) of Title 22, Foreign Relations and Intercourse, see section 6085 of Title 22. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1609 of this title. -End- -CITE- 28 USC CHAPTER 99 - GENERAL PROVISIONS 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 99 - GENERAL PROVISIONS -HEAD- CHAPTER 99 - GENERAL PROVISIONS -MISC1- Sec. 1631. Transfer to cure want of jurisdiction. -End- -CITE- 28 USC Sec. 1631 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 99 - GENERAL PROVISIONS -HEAD- Sec. 1631. Transfer to cure want of jurisdiction -STATUTE- Whenever a civil action is filed in a court as defined in section 610 of this title or an appeal, including a petition for review of administrative action, is noticed for or filed with such a court and that court finds that there is a want of jurisdiction, the court shall, if it is in the interest of justice, transfer such action or appeal to any other such court in which the action or appeal could have been brought at the time it was filed or noticed, and the action or appeal shall proceed as if it had been filed in or noticed for the court to which it is transferred on the date upon which it was actually filed in or noticed for the court from which it is transferred. -SOURCE- (Added Pub. L. 97-164, title III, Sec. 301(a), Apr. 2, 1982, 96 Stat. 55.) -MISC1- EFFECTIVE DATE 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1292 of this title. -End- -CITE- 28 USC PART V - PROCEDURE 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE -HEAD- PART V - PROCEDURE -MISC1- Chap. Sec. 111. General Provisions 1651 113. Process 1691 115. Evidence; Documentary 1731 117. Evidence; Depositions 1781 119. Evidence; Witnesses 1821 121 Juries; Trial by Jury 1861 123. Fees and Costs 1911 125. Pending Actions and Judgments 1961 127. Executions and Judicial Sales 2001 129. Moneys Paid into Court 2041 131. Rules of Courts 2071 133. Review - Miscellaneous Provisions 2101 -End- -CITE- 28 USC CHAPTER 111 - GENERAL PROVISIONS 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 111 - GENERAL PROVISIONS -HEAD- CHAPTER 111 - GENERAL PROVISIONS -MISC1- Sec. 1651. Writs. 1652. State laws as rules of decision. 1653. Amendment of pleadings to show jurisdiction. 1654. Appearance personally or by counsel. 1655. Lien enforcement; absent defendants. 1656. Creation of new district or division or transfer of territory; lien enforcement. 1657. Priority of civil actions. 1658. Time limitations on the commencement of civil actions arising under Acts of Congress. 1659. Stay of certain actions pending disposition of related proceedings before the United States International Trade Commission. AMENDMENTS 1994 - Pub. L. 103-465, title III, Sec. 321(b)(1)(B), Dec. 8, 1994, 108 Stat. 4946, added item 1659. 1990 - Pub. L. 101-650, title III, Sec. 313(b), Dec. 1, 1990, 104 Stat. 5115, added item 1658. 1984 - Pub. L. 98-620, title IV, Sec. 401(b), Nov. 8, 1984, 98 Stat. 3357, added item 1657. -End- -CITE- 28 USC Sec. 1651 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 111 - GENERAL PROVISIONS -HEAD- Sec. 1651. Writs -STATUTE- (a) The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law. (b) An alternative writ or rule nisi may be issued by a justice or judge of a court which has jurisdiction. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 944; May 24, 1949, ch. 139, Sec. 90, 63 Stat. 102.) -MISC1- HISTORICAL AND REVISION NOTES 1948 ACT Based on title 28, U.S.C., 1940 ed., Secs. 342, 376, 377 (Mar. 3, 1911, ch. 231, Secs. 234, 261, 262, 36 Stat. 1156, 1162). Section consolidates sections 342, 376, and 377 of title 28, U.S.C., 1940 ed., with necessary changes in phraseology. Such section 342 provided: "The Supreme Court shall have power to issue writs of prohibition to the district courts, when proceeding as courts of admiralty and maritime jurisdiction; and writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed under the authority of the United States, or to persons holding office under the authority of the United States, where a State, or an ambassador, or other public minister, or a consul, or vice consul is a party." Such section 376 provided: "Writs of ne exeat may be granted by any justice of the Supreme Court, in cases where they might be granted by the Supreme Court; and by any district judge, in cases where they might be granted by the district court of which he is a judge. But no writ of ne exeat shall be granted unless a suit in equity is commenced, and satisfactory proof is made to the court or judge granting the same that the defendant designs quickly to depart from the United States." Such section 377 provided: "The Supreme Court and the district courts shall have power to issue writs of scire facias. The Supreme Court, the circuit courts of appeals, and the district courts shall have power to issue all writs not specifically provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the usages and principles of law." The special provisions of section 342 of title 28, U.S.C., 1940 ed., with reference to writs of prohibition and mandamus, admiralty courts and other courts and officers of the United States were omitted as unnecessary in view of the revised section. The revised section extends the power to issue writs in aid of jurisdiction, to all courts established by Act of Congress, thus making explicit the right to exercise powers implied from the creation of such courts. The provisions of section 376 of title 28, U.S.C., 1940 ed., with respect to the powers of a justice or judge in issuing writs of ne exeat were changed and made the basis of subsection (b) of the revised section but the conditions and limitations on the writ of ne exeat were omitted as merely confirmatory of well-settled principles of law. The provision in section 377 of title 28, U.S.C., 1940 ed., authorizing issuance of writs of scire facias, was omitted in view of rule 81(b) of the Federal Rules of Civil Procedure abolishing such writ. The revised section is expressive of the construction recently placed upon such section by the Supreme Court in U.S. Alkali Export Assn. v. U.S., 65 S.Ct. 1120, 325 U.S. 196, 89 L.Ed. 1554, and De Beers Consol. Mines v. U.S., 65 S.Ct. 1130, 325 U.S. 212, 89 L.Ed. 1566. 1949 ACT This section corrects a grammatical error in subsection (a) of section 1651 of title 28, U.S.C. AMENDMENTS 1949 - Subsec. (a). Act May 24, 1949, inserted "and" after "jurisdictions". WRIT OF ERROR Act Jan. 31, 1928, ch. 14, Sec. 2, 45 Stat. 54, as amended Apr. 26, 1928, ch. 440, 45 Stat. 466; June 25, 1948, ch. 646, Sec. 23, 62 Stat. 990, provided that: "All Acts of Congress referring to writs of error shall be construed as amended to the extent necessary to substitute appeal for writ of error." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1407, 3202 of this title. -End- -CITE- 28 USC Sec. 1652 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 111 - GENERAL PROVISIONS -HEAD- Sec. 1652. State laws as rules of decision -STATUTE- The laws of the several states, except where the Constitution or treaties of the United States or Acts of Congress otherwise require or provide, shall be regarded as rules of decision in civil actions in the courts of the United States, in cases where they apply. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 944.) -MISC1- HISTORICAL REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 725 (R.S. Sec. 721). "Civil actions" was substituted for "trials at common law" to clarify the meaning of the Rules of Decision Act in the light of the Federal Rules of Civil Procedure. Such Act has been held to apply to suits in equity. Changes were made in phraseology. -End- -CITE- 28 USC Sec. 1653 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 111 - GENERAL PROVISIONS -HEAD- Sec. 1653. Amendment of pleadings to show jurisdiction -STATUTE- Defective allegations of jurisdiction may be amended, upon terms, in the trial or appellate courts. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 944.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 399 (Mar. 3, 1911, ch. 231, Sec. 274c, as added Mar. 3, 1915, ch. 90, 38 Stat. 956). Section was extended to permit amendment of all jurisdictional allegations instead of merely allegations of diversity of citizenship as provided by section 399 of title 28, U.S.C., 1940 ed. Changes were made in phraseology. -End- -CITE- 28 USC Sec. 1654 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 111 - GENERAL PROVISIONS -HEAD- Sec. 1654. Appearance personally or by counsel -STATUTE- In all courts of the United States the parties may plead and conduct their own cases personally or by counsel as, by the rules of such courts, respectively, are permitted to manage and conduct causes therein. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 944; May 24, 1949, ch. 139, Sec. 91, 63 Stat. 103.) -MISC1- HISTORICAL REVISION NOTES 1948 ACT Based on title 28, U.S.C., 1940 ed., Sec. 394 (Mar. 3, 1911, ch. 231, Sec. 272, 36 Stat. 1164). Words "as, by the rules of the said courts respectively, are permitted to manage and conduct causes therein," after "counsel," were omitted as surplusage. The revised section and section 2071 of this title effect no change in the procedure of the Tax Court before which certain accountants may be admitted as counsel for litigants under Rule 2 of the Tax Court. Changes were made in phraseology. 1949 ACT This section restores in section 1654 of title 28, U.S.C., language of the original law. AMENDMENTS 1949 - Act May 24, 1949, inserted "as, by the rules of such courts, respectively, are permitted to manage and conduct causes therein". -End- -CITE- 28 USC Sec. 1655 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 111 - GENERAL PROVISIONS -HEAD- Sec. 1655. Lien enforcement; absent defendants -STATUTE- In an action in a district court to enforce any lien upon or claim to, or to remove any incumbrance or lien or cloud upon the title to, real or personal property within the district, where any defendant cannot be served within the State, or does not voluntarily appear, the court may order the absent defendant to appear or plead by a day certain. Such order shall be served on the absent defendant personally if practicable, wherever found, and also upon the person or persons in possession or charge of such property, if any. Where personal service is not practicable, the order shall be published as the court may direct, not less than once a week for six consecutive weeks. If an absent defendant does not appear or plead within the time allowed, the court may proceed as if the absent defendant had been served with process within the State, but any adjudication shall, as regards the absent defendant without appearance, affect only the property which is the subject of the action. When a part of the property is within another district, but within the same state, such action may be brought in either district. Any defendant not so personally notified may, at any time within one year after final judgment, enter his appearance, and thereupon the court shall set aside the judgment and permit such defendant to plead on payment of such costs as the court deems just. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 944.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 118 (Mar. 3, 1911, ch. 231, Sec. 57, 36 Stat. 1102). Word "action" was substituted for "suit," in view of Rule 2 of the Federal Rules of Civil Procedure. In view of Rule 4(f) of the Federal Rules of Civil Procedure permitting service of process anywhere within the territorial limits of the States, the word "State" was substituted for "district" in the first and third paragraphs. Changes were made in phraseology. -End- -CITE- 28 USC Sec. 1656 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 111 - GENERAL PROVISIONS -HEAD- Sec. 1656. Creation of new district or division or transfer of territory; lien enforcement -STATUTE- The creation of a new district or division or the transfer of any territory to another district or division shall not affect or divest any lien theretofore acquired in a district court upon property within such district, division or territory. To enforce such lien, the clerk of the court in which the same is acquired, upon the request and at the cost of the party desiring the same, shall make a certified copy of the record thereof, which, when filed in the proper court of the district or division in which such property is situated after such creation or transfer shall be evidence in all courts and places equally with the original thereof; and, thereafter like proceedings shall be had thereon, and with the same effect, as though the case or proceeding had been originally instituted in such court. -SOURCE-

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