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Title 28 — Judiciary and Judicial Procedure

Part I · Chapter 5 — District Courts

§ 104. Mississippi

Statutory text

Mississippi is divided into two judicial districts to be known as the northern and southern districts of Mississippi.

Northern District

(a) The northern district comprises three divisions.

(1) The Aberdeen Division comprises the counties of Alcorn, Chickasaw, Choctaw, Clay, Itawamba, Lee, Lowndes, Monroe, Oktibbeha, Prentiss, Tishomingo, Webster, and Winston.

Court for the Aberdeen Division shall be held at Aberdeen, Ackerman, and Corinth.

(2) The Oxford Division comprises the counties of Benton, Calhoun, DeSoto, Lafayette, Marshall, Panola, Pontotoc, Quitman, Tallahatchie, Tate, Tippah, Tunica, Union, and Yalobusha.

Court for the Oxford Division shall be held at Oxford.

(3) The Greenville Division comprises the counties of Attala, Bolivar, Carroll, Coahoma, Grenada, Humphreys, Leflore, Montgomery, Sunflower, and Washington.

Court for the Greenville Division shall be held at Clarksdale, Cleveland, and Greenville.

Southern District

(b) The southern district comprises four divisions.

(1) The Northern Division comprises the counties of Copiah, Hinds, Holmes, Issaquena, Kemper, Lauderdale, Leake, Madison, Neshoba, Newton, Noxubee, Rankin, Scott, Simpson, Sharkey, Smith, Warren, and Yazoo.

Court for the Northern Division shall be held at Jackson.

(2) The Southern Division comprises the counties of George, Greene, Hancock, Harrison, Jackson, Pearl River, and Stone.

Court for the Southern Division shall be held at Gulfport.

(3) The Eastern Division comprises the counties of Clarke, Covington, Forrest, Jasper, Jefferson Davis, Jones, Lamar, Lawrence, Marion, Perry, Wayne, and Walthall.

Court for the Eastern Division shall be held at Hattiesburg.

(4) The Western Division comprises the counties of Adams, Amite, Claiborne, Franklin, Jefferson, Lincoln, Pike, and Wilkinson.

Court for the Western Division shall be held at Natchez.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Title 28, United States Code, section —

    Pub. L. 80–646 · 62 Stat. 869

    Enacted · 28 U.S.C. § 104

    June 25, 1948, ch. 646, 62 Stat. 883

    Source evidence

    Code source credit
    June 25, 1948, ch. 646, 62 Stat. 883

  2. Pub. L. 90–92 · 81 Stat. 229

    Changed · 28 U.S.C. § 104(a)(1)

    Pub. L. 90–92 provided for holding court at Ackerman

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 90–92 provided for holding court at Ackerman.

  3. Pub. L. 91–546 § 3 · 84 Stat. 1412

    Changed · 28 U.S.C. § 104(b)(3)

    Pub. L. 91–546, § 3, provided for holding court at Natchez if suitable quarters and accommodations are furnished at no cost to the United States

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 91–546, § 3, provided for holding court at Natchez if suitable quarters and accommodations are furnished at no cost to the United States.

    Enacted provision · exact public law section
    Sec. 3. That the last sentence of section 104(b) (3) of title 28, United States Code, is amended to read as follows: “Court for the western division shall be held at Natchez and Vicksburg: Provided, That court shall be held at Natchez if suitable quarters and accommodations are furnished at no cost to the United States.”

  4. Pub. L. 91–546 § 2 · 84 Stat. 1412

    Changed · 28 U.S.C. § 104(b)(4)

    Pub. L. 91–546, § 2, provided for holding court at Gulfport

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 91–546, § 2, provided for holding court at Gulfport.

    Enacted provision · exact public law section
    Sec. 2. That the last sentence of section 104(b) (4) of title 28 of the United States Code is amended to read as follows: New York. “Court for the southern division shall be held at Biloxi and Gulf-port.”

  5. Federal District Court Organization Act of 1978

    Pub. L. 95–408 § 2(b) · 92 Stat. 883

    Changed · 28 U.S.C. § 104(a)(1)

    Pub. L. 95–408 provided for holding court at Corinth

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 95–408 provided for holding court at Corinth.

    Enacted provision · exact public law section
    (b) The last sentence of section 104(a)(1) of title 28, United States Code, is amended to read as follows: “Court for the eastern division shall be held at Aberdeen, Ackerman, and Corinth.”.

  6. Pub. L. 106–130 § 1 · 113 Stat. 1677

    Struck · 28 U.S.C. § 104(b)(3)

    Pub. L. 106–130, in second sentence, struck out “: Provided, That court shall be held at Natchez if suitable quarters and accommodations are furnished at no cost to the United States” before period at end

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 106–130, in second sentence, struck out “: Provided, That court shall be held at Natchez if suitable quarters and accommodations are furnished at no cost to the United States” before period at end.

    Enacted provision · exact public law section
    SECTION 1. HOLDING OF COURT AT NATCHEZ, MISSISSIPPI. Section 104(b)(3) of title 28, United States Code, is amended in the second sentence by striking all beginning with the colon through “United States”.

  7. Pub. L. 108–455 § 2 · 118 Stat. 3628

    Inserted · 28 U.S.C. § 104(a)(3)

    Pub. L. 108–455 inserted “and Cleveland” after “Clarksdale”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 108–455 inserted “and Cleveland” after “Clarksdale”.

    Enacted provision · exact public law section
    SEC. 2. HOLDING OF COURT AT CLEVELAND, MISSISSIPPI.   Section 104(a)(3) of title 28, United States Code, is amended in the second sentence by inserting “and Cleveland” after “Clarksdale”.

  8. Divisional Realignment Act of 2012

    Pub. L. 112–188 § 3 · 126 Stat. 1433

    1. Added · 28 U.S.C. § 104(a)

      Pub. L. 112–188 added subsec. (a)

    2. Struck · 28 U.S.C. § 104(a)

      Pub. L. 112–188 struck out former subsec. (a) which related to northern judicial district of Mississippi comprising four divisions and provided for holding court in those divisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 112–188 added subsec. (a) and struck out former subsec. (a) which related to northern judicial district of Mississippi comprising four divisions and provided for holding court in those divisions.

    Enacted provision · exact public law section
    SEC. 3. REALIGNMENT WITHIN THE NORTHERN DISTRICT OF MISSISSIPPI.   Section 104 of title 28, United States Code, is amended by striking subsection (a) and inserting the following: “(a) The northern district comprises three divisions. “(1) The Aberdeen Division comprises the counties of Alcorn, Chickasaw, Choctaw, Clay, Itawamba, Lee, Lowndes, Monroe, Oktibbeha, Prentiss, Tishomingo, Webster, and Winston.   “Court for the Aberdeen Division shall be held at Aberdeen, Ackerman, and Corinth. “(2) The Oxford Division comprises the counties of Benton, Calhoun, DeSoto, Lafayette, Marshall, Panola, Pontotoc, Quitman, Tallahatchie, Tate, Tippah, Tunica, Union, and Yalobusha.   “Court for the Oxford Division shall be held at Oxford. “(3) The Greenville Division comprises the counties of Attala, Bolivar, Carroll, Coahoma, Grenada, Humphreys, Leflore, Montgomery, Sunflower, and Washington.   “Court for the Greenville Division shall be held at Clarksdale, Cleveland, and Greenville.” .

  9. Pub. L. 113–61 § 1 · 127 Stat. 665

    Amended · 28 U.S.C. § 104(b)

    Pub. L. 113–61 amended subsec. (b) generally. Prior to amendment, subsec. (b) related to southern judicial district of Mississippi comprising five divisions and provided for holding court in those divisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 113–61 amended subsec. (b) generally. Prior to amendment, subsec. (b) related to southern judicial district of Mississippi comprising five divisions and provided for holding court in those divisions.

    Enacted provision · exact public law section
    SECTION 1. REALIGNMENT OF SOUTHERN JUDICIAL DISTRICT OF MISSISSIPPI.   Section 104(b) of title 28, United States Code, is amended to read as follows: “Southern District “(b) The southern district comprises four divisions. “(1) The Northern Division comprises the counties of Copiah, Hinds, Holmes, Issaquena, Kemper, Lauderdale, Leake, Madison, Neshoba, Newton, Noxubee, Rankin, Scott, Simpson, Sharkey, Smith, Warren, and Yazoo. Court for the Northern Division shall be held at Jackson. “(2) The Southern Division comprises the counties of George, Greene, Hancock, Harrison, Jackson, Pearl River, and Stone. Court for the Southern Division shall be held at Gulfport. “(3) The Eastern Division comprises the counties of Clarke, Covington, Forrest, Jasper, Jefferson Davis, Jones, Lamar, Lawrence, Marion, Perry, Wayne, and Walthall. Court for the Eastern Division shall be held at Hattiesburg. “(4) The Western Division comprises the counties of Adams, Amite, Claiborne, Franklin, Jefferson, Lincoln, Pike, and Wilkinson. Court for the Western Division shall be held at Natchez.” .

    Effective date note
    Pub. L. 113–61, § 2, Dec. 20, 2013, 127 Stat. 665, provided that: “This Act [amending this section] and the amendment made by this Act shall take effect on the date of the enactment of this Act [Dec. 20, 2013].”

8 of 10 references resolved to an enrolled provision · 2 partial

Notes

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 170 (Mar. 3, 1911, ch. 231, § 90, 36 Stat. 1116; Feb. 5, 1912, ch. 28, 37 Stat. 59; May 27, 1912, ch. 136, 37 Stat. 118; Feb. 12, 1925, ch. 212, 43 Stat. 882; May 19, 1936, ch. 428, 49 Stat. 1362; May 8, 1939, ch. 116, § 1, 53 Stat. 684).

Provisions relating to the maintenance of offices by the clerks and marshals were omitted as covered by sections 452, 541 [see 561], 542 [see 561], and 751 of this title.

Changes in arrangement and phraseology were made.

Editorial Notes

Amendments1950–2013 · 8 rounds

2013

Subsec. (b). Pub. L. 113–61 amended subsec. (b) generally. Prior to amendment, subsec. (b) related to southern judicial district of Mississippi comprising five divisions and provided for holding court in those divisions.

2012

Subsec. (a). Pub. L. 112–188 added subsec. (a) and struck out former subsec. (a) which related to northern judicial district of Mississippi comprising four divisions and provided for holding court in those divisions.

2004

Subsec. (a)(3). Pub. L. 108–455 inserted “and Cleveland” after “Clarksdale”.

1999

Subsec. (b)(3). Pub. L. 106–130, in second sentence, struck out “: Provided, That court shall be held at Natchez if suitable quarters and accommodations are furnished at no cost to the United States” before period at end.

1978

Subsec. (a)(1). Pub. L. 95–408 provided for holding court at Corinth.

1970

Subsec. (b)(3). Pub. L. 91–546, § 3, provided for holding court at Natchez if suitable quarters and accommodations are furnished at no cost to the United States.

Subsec. (b)(4). Pub. L. 91–546, § 2, provided for holding court at Gulfport.

1967

Subsec. (a)(1). Pub. L. 90–92 provided for holding court at Ackerman.

1950

Act , created Greenville division in the northern district with terms of courts to be held at Greenville.

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Pub. L. 113–61, § 2, , 127 Stat. 665, provided that: “This Act [amending this section] and the amendment made by this Act shall take effect on the date of the enactment of this Act [].”

Effective Date of 2012 Amendment

Pub. L. 112–188, § 4, , 126 Stat. 1434, provided that: “The amendments made by this Act [amending this section and section 105 of this title] take effect on the 60th day after the date of the enactment of this Act [].”

Effective Date of 1978 Amendment; Savings Provision

Amendment by Pub. L. 95–408 effective 180 days after , with such amendment not to 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, see section 5 of Pub. L. 95–408, set out as a note under section 89 of this title.

Credits

1948–2013 · 9 acts
  1. 1948June 25, 1948, ch. 646, 62 Stat. 883
  2. 1950Aug. 7, 1950, ch. 601, 64 Stat. 415
  3. 1967Pub. L. 90–92, , 81 Stat. 229
  4. 1970Pub. L. 91–546, §§ 2, 3, , 84 Stat. 1412
  5. 1978Pub. L. 95–408, § 2(b), , 92 Stat. 883
  6. 1999Pub. L. 106–130, § 1, , 113 Stat. 1677
  7. 2004Pub. L. 108–455, § 2, , 118 Stat. 3628
  8. 2012Pub. L. 112–188, § 3, , 126 Stat. 1433
  9. 2013Pub. L. 113–61, § 1, , 127 Stat. 665.
Show as published

(June 25, 1948, ch. 646, 62 Stat. 883; Aug. 7, 1950, ch. 601, 64 Stat. 415; Pub. L. 90–92, , 81 Stat. 229; Pub. L. 91–546, §§ 2, 3, , 84 Stat. 1412; Pub. L. 95–408, § 2(b), , 92 Stat. 883; Pub. L. 106–130, § 1, , 113 Stat. 1677; Pub. L. 108–455, § 2, , 118 Stat. 3628; Pub. L. 112–188, § 3, , 126 Stat. 1433; Pub. L. 113–61, § 1, , 127 Stat. 665.)

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