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(June 25, 1948, ch. 646, 62 Stat. 944; Pub. L. 95-598, title II, Sec. 242, Nov. 6, 1978, 92 Stat. 2671.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 122 (Mar. 3, 1911, ch. 231, Sec. 60, 36 Stat. 1103). A provision as to creation of a new district or division or transfer of territory before March 3, 1911, was omitted as obsolete. Words descriptive of the lien were omitted as unnecessary. Changes were made in phraseology. AMENDMENTS 1978 - Pub. L. 95-598 directed the amendment of section by inserting "or in a bankruptcy court" after "a district court", 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. -End- -CITE- 28 USC Sec. 1657 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 111 - GENERAL PROVISIONS -HEAD- Sec. 1657. Priority of civil actions -STATUTE- (a) Notwithstanding any other provision of law, each court of the United States shall determine the order in which civil actions are heard and determined, except that the court shall expedite the consideration of any action brought under chapter 153 or section 1826 of this title, any action for temporary or preliminary injunctive relief, or any other action if good cause therefor is shown. For purposes of this subsection, "good cause" is shown if a right under the Constitution of the United States or a Federal Statute (including rights under section 552 of title 5) would be maintained in a factual context that indicates that a request for expedited consideration has merit. (b) The Judicial Conference of the United States may modify the rules adopted by the courts to determine the order in which civil actions are heard and determined, in order to establish consistency among the judicial circuits. -SOURCE- (Added Pub. L. 98-620, title IV, Sec. 401(a), Nov. 8, 1984, 98 Stat. 3356.) -MISC1- EFFECTIVE DATE Section 403 of Pub. L. 98-620 provided that: "The amendments made by this subtitle [subtitle A (Secs. 401-403) of title IV of Pub. L. 98-620, enacting this section, amending sections 596, 636, 1364, 2284, and 2349 of this title, sections 437g, 437h, and 687 of Title 2, The Congress, section 552 of Title 5, Government Organization and Employees, sections 8, 136d, 136h, 136n, 136w, 194, 1366, 1600, and 1601 of Title 7, Agriculture, section 1464 of Title 12, Banks and Banking, sections 18a, 21, 45, 57a-1, 78k-1, 687a, 687c, 719h, 1415, 2003, and 2622 of Title 15, Commerce and Trade, sections 1463a, 1910, 3117, and 3168 of Title 16, Conservation, sections 1964 and 1966 of Title 18, Crimes and Criminal Procedure, sections 346a and 348 of Title 21, Food and Drugs, section 618 of Title 22, Foreign Relations and Intercourse, section 640d-3 of Title 25, Indians, sections 3310, 6110, 6363, 7609, 9010, and 9011 of Title 26, Internal Revenue Code, sections 110, 160, 660, and 1303 of Title 29, Labor, section 816 of Title 30, Mineral Lands and Mining, section 2022 [now 4302] of Title 38, Veterans' Benefits, section 3628 of Title 39, Postal Service, sections 300j-9, 504, 6508, and 8514 of Title 42, The Public Health and Welfare, sections 1062, 1349, 1652, and 2011 of Title 43, Public Lands, sections 355, 745, 1018, and 1205 of Title 45, Railroads, section 402 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, section 2305 of former Title 49, Transportation, section 792a of Title 50, War and National Defense, and sections 462 and 1984 of Title 50, Appendix, repealing sections 1296 and 2647 of this title, section 28 of Title 15, and section 3614 of Title 42, and amending provisions set out as a note under section 2304 of Title 10, Armed Forces] shall not apply to cases pending on the date of the enactment of this subtitle [Nov. 8, 1984]." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 12 section 1821. -End- -CITE- 28 USC Sec. 1658 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 111 - GENERAL PROVISIONS -HEAD- Sec. 1658. Time limitations on the commencement of civil actions arising under Acts of Congress -STATUTE- (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. -SOURCE- (Added Pub. L. 101-650, title III, Sec. 313(a), Dec. 1, 1990, 104 Stat. 5114; amended Pub. L. 107-204, title VIII, Sec. 804(a), July 30, 2002, 116 Stat. 801.) -REFTEXT- REFERENCES IN 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. -MISC1- AMENDMENTS 2002 - Pub. L. 107-204 designated existing provisions as subsec. (a) and added subsec. (b). EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107-204, title VIII, Sec. 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]." EFFECTIVE DATE Section 313(c) of Pub. L. 101-650 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]." NO CREATION OF ACTIONS Pub. L. 107-204, title VIII, Sec. 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." -End- -CITE- 28 USC Sec. 1659 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 111 - GENERAL PROVISIONS -HEAD- Sec. 1659. Stay of certain actions pending disposition of related proceedings before the United States International Trade Commission -STATUTE- (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. -SOURCE- (Added Pub. L. 103-465, title III, Sec. 321(b)(1)(A), Dec. 8, 1994, 108 Stat. 4945.) -REFTEXT- REFERENCES IN 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. -MISC1- EFFECTIVE DATE 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. -End- -CITE- 28 USC CHAPTER 113 - PROCESS 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 113 - PROCESS -HEAD- CHAPTER 113 - PROCESS -MISC1- Sec. 1691. Seal and teste of process. 1692. Process and orders affecting property in different districts. 1693. Place of arrest in civil action. 1694. Patent infringement action. 1695. Stockholder's derivative action. 1696. Service in foreign and international litigation. 1697. Service in multiparty, multiforum actions. AMENDMENTS 2002 - Pub. L. 107-273, div. C, title I, Sec. 11020(b)(4)(A)(ii), Nov. 2, 2002, 116 Stat. 1828, added item 1697. 1964 - Pub. L. 88-619, Sec. 4(b), Oct. 3, 1964, 78 Stat. 996, added item 1696. -End- -CITE- 28 USC Sec. 1691 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 113 - PROCESS -HEAD- Sec. 1691. Seal and teste of process -STATUTE- 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 945.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 721 (R.S. Sec. 911; Mar. 3, 1911, ch. 231, Sec. 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. IMMUNITY FROM SEIZURE UNDER JUDICIAL PROCESS OF CULTURAL OBJECTS IMPORTED FOR TEMPORARY EXHIBITION OR DISPLAY 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. -End- -CITE- 28 USC Sec. 1692 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 113 - PROCESS -HEAD- Sec. 1692. Process and orders affecting property in different districts -STATUTE- 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 945.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 117 (Mar. 3, 1911, ch. 231, Sec. 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. -End- -CITE- 28 USC Sec. 1693 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 113 - PROCESS -HEAD- Sec. 1693. Place of arrest in civil action -STATUTE- 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 945.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 112 (Mar. 3, 1911, ch. 231, Sec. 51, 36 Stat. 1101; Sept. 19, 1922, ch. 345, 42 Stat. 849; Mar. 4, 1925, ch. 526, Sec. 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. -End- -CITE- 28 USC Sec. 1694 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 113 - PROCESS -HEAD- Sec. 1694. Patent infringement action -STATUTE- 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 945.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 109 (Mar. 3, 1911, ch. 231, Sec. 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. -End- -CITE- 28 USC Sec. 1695 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 113 - PROCESS -HEAD- Sec. 1695. Stockholder's derivative action -STATUTE- 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 945.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 112 (Mar. 3, 1911, ch. 231, Sec. 51, 36 Stat. 1101; Sept. 19, 1922, ch. 345, 42 Stat. 849; Mar. 4, 1925, ch. 526, Sec. 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. -End- -CITE- 28 USC Sec. 1696 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 113 - PROCESS -HEAD- Sec. 1696. Service in foreign and international litigation -STATUTE- (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. -SOURCE- (Added Pub. L. 88-619, Sec. 4(a), Oct. 3, 1964, 78 Stat. 995.) -End- -CITE- 28 USC Sec. 1697 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 113 - PROCESS -HEAD- Sec. 1697. Service in multiparty, multiforum actions -STATUTE- 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. -SOURCE- (Added Pub. L. 107-273, div. C, title I, Sec. 11020(b)(4)(A)(i), Nov. 2, 2002, 116 Stat. 1828.) -MISC1- EFFECTIVE DATE 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1441 of this title. -End- -CITE- 28 USC CHAPTER 115 - EVIDENCE; DOCUMENTARY 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 115 - EVIDENCE; DOCUMENTARY -HEAD- CHAPTER 115 - EVIDENCE; DOCUMENTARY -MISC1- Sec. 1731. Handwriting. 1732. Record made in regular course of business; photographic copies. 1733. Government records and papers; copies. 1734. Court record lost or destroyed generally.(!1) 1735. Court record lost or destroyed where United States interested. 1736. Congressional Journals. 1737. Copy of officer's bond. 1738. State and Territorial statutes and judicial proceedings; full faith and credit. 1738A. Full faith and credit given to child custody determinations. 1738B. Full faith and credit for child support orders. 1738C. Certain acts, records, and proceedings and the effect thereof. 1739. State and Territorial nonjudicial records; full faith and credit. 1740. Copies of consular papers. 1741. Foreign official documents. [1742. Repealed.] 1743. Demand on postmaster. 1744. Copies of United States Patent and Trademark Office documents generally.(!1) 1745. Copies of foreign patent documents. 1746. Unsworn declarations under penalty of perjury. AMENDMENTS 1999 - Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4732(b)(15)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-584, which directed the amendment of item 1744 by substituting "United States Patent and Trademark Office" for "Patent Office", was executed by making the substitution for "patent office" to reflect the probable intent of Congress. 1996 - Pub. L. 104-199, Sec. 2(b), Sept. 21, 1996, 110 Stat. 2419, added item 1738C. 1994 - Pub. L. 103-383, Sec. 3(b), Oct. 20, 1994, 108 Stat. 4066, added item 1738B. 1980 - Pub. L. 96-611, Sec. 8(b), Dec. 28, 1980, 94 Stat. 3571, added item 1738A. 1976 - Pub. L. 94-550, Sec. 1(b), Oct. 18, 1976, 90 Stat. 2534, added item 1746. 1964 - Pub. L. 88-619, Secs. 5(b), 6(b), 7(b), Oct. 3, 1964, 78 Stat. 996, substituted "official documents" for "documents generally; copies" in item 1741, inserted "[Repealed]" in item 1742, and substituted "documents" for "specifications and drawings" in item 1745. 1951 - Act Aug. 28, 1951, ch. 351, Sec. 2, 65 Stat. 206, inserted "; photographic copies" in item 1732. 1949 - Act May 24, 1949, ch. 139, Sec. 92(a), 63 Stat. 103, struck out item 1745 "Printed copies of patient specifications and drawings" and renumbered item 1746 as 1745. -FOOTNOTE- (!1) So in original. Does not conform to section catchline. -End- -CITE- 28 USC Sec. 1731 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 115 - EVIDENCE; DOCUMENTARY -HEAD- Sec. 1731. Handwriting -STATUTE- 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 945.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 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. -End- -CITE- 28 USC Sec. 1732 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 115 - EVIDENCE; DOCUMENTARY -HEAD- Sec. 1732. Record made in regular course of business; photographic copies -STATUTE- 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

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