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.
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. 883Pub. 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.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.”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.”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.”.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”.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”.Divisional Realignment Act of 2012
Pub. L. 112–188 § 3 · 126 Stat. 1433
Added · 28 U.S.C. § 104(a)
Pub. L. 112–188 added subsec. (a)
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.” .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
- 1948June 25, 1948, ch. 646, 62 Stat. 883
- 1950Aug. 7, 1950, ch. 601, 64 Stat. 415
- 1967Pub. L. 90–92, , 81 Stat. 229
- 1970Pub. L. 91–546, §§ 2, 3, , 84 Stat. 1412
- 1978Pub. L. 95–408, § 2(b), , 92 Stat. 883
- 1999Pub. L. 106–130, § 1, , 113 Stat. 1677
- 2004Pub. L. 108–455, § 2, , 118 Stat. 3628
- 2012Pub. L. 112–188, § 3, , 126 Stat. 1433
- 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.)