§ 141. Special sessions; places; notice

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. 1948

   Title 28, United States Code, section —

   Pub. L. 80–646 · 62 Stat. 869

   Enacted · 28 U.S.C. § 141

   June 25, 1948, ch. 646, 62 Stat. 897

   Source evidence

   Code source credit
   June 25, 1948, ch. 646, 62 Stat. 897

2. 1963

   Pub. L. 88–139 § 1 · 77 Stat. 248

   1. Substituted · 28 U.S.C. § 141

      Pub. L. 88–139 substituted “sessions” for “terms” wherever appearing in text and section catchline

   2. Substituted · 28 U.S.C. § 141

      Pub. L. 88–139 substituted “session” for “term” wherever appearing in text and section catchline

   3. Struck · 28 U.S.C. § 141

      Pub. L. 88–139 struck out “pursuant to rules approved by the judicial council of the circuit” after “court orders” in text

   Source evidence

   Code amendment note
   Pub. L. 88–139 substituted “sessions” for “terms” and “session” for “term” wherever appearing in text and section catchline, and struck out “pursuant to rules approved by the judicial council of the circuit” after “court orders” in text.

3. 2005

   Federal Judiciary Emergency Special Sessions Act of 2005

   Pub. L. 109–63 § 2(b) · 119 Stat. 1993

   1. Amended · 28 U.S.C. § 141

      Pub. L. 109–63 designated first and second undesignated pars. as pars. (1) and (2), respectively, of subsec. (a)

   2. Added · 28 U.S.C. § 141

      Pub. L. 109–63 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 109–63 designated first and second undesignated pars. as pars. (1) and (2), respectively, of subsec. (a) and added subsec. (b).

   Enacted provision · exact public law section
   (b) District Courts.— Section 141 of title 28, United States Code, is amended— (1) by inserting “(a)(1)” before “Special”; (2) by inserting “(2)” before “Any”; and (3) by adding at the end the following: “(b) (1) Special sessions of the district court may be held at such places within the United States outside the district as the nature of the business may require and upon such notice as the court orders, upon a finding by either the chief judge of the district court (or, if the chief judge is unavailable, the most senior available active judge of the district court) or the judicial council of the circuit that, because of emergency conditions, no location within the district is reasonably available where such special sessions could be held. “(2) Pursuant to this subsection, any business which may be transacted at a regular session of a district court may be transacted at a special session conducted outside the district, except that a criminal trial may not be conducted at a special session outside the State in which the crime has been committed unless the defendant consents to such a criminal trial. “(3) Notwithstanding any other provision of law, in any case in which special sessions are conducted pursuant to this section, the district court may summon jurors— “(A) in civil proceedings, from any part of the district in which the court ordinarily conducts business or the district in which it is holding a special session; and “(B) in criminal trials, from any part of the district in which the crime has been committed and, if the defendant so consents, from any district in which the court is conducting business pursuant to this section. “(4) If a district court issues an order exercising its authority under paragraph (1), the court— “(A) through the Administrative Office of the United States Courts, shall— “(i) Notice. send notice of such order, including the reasons for the issuance of such order, to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives; and “(ii) Deadline. Reports. not later than 180 days after the expiration of such court order submit a brief report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives describing the impact of such order, including— “(I) the reasons for the issuance of such order; “(II) the duration of such order; “(III) the impact of such order on litigants; and “(IV) the costs to the judiciary resulting from such order; and “(B) Notice. shall provide reasonable notice to the United States Marshals Service before the commencement of any special session held pursuant to such order.” .

4. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 title XI § 1198(a) · 119 Stat. 2960

   Added · 28 U.S.C. § 141(b)(5)

   Pub. L. 109–162 added par. (5)

   Source evidence

   Code amendment note
   Subsec. (b)(5). Pub. L. 109–162 added par. (5).

   Enacted provision · exact public law section
   (a) Transportation and Subsistence.— Section 141(b) of title 28, United States Code, as added by section 2(b) of Public Law 109–63, is amended by adding at the end the following: “(5) If a district court issues an order exercising its authority under paragraph (1), the court shall direct the United States marshal of the district where the court is meeting to furnish transportation and subsistence to the same extent as that provided in sections 4282 and 4285 of title 18.” .

3 of 7 references resolved to an enrolled provision · 4 partial