Title 28 — Judiciary and Judicial Procedure
Part V · Chapter 125 — Pending Actions and Judgments
§ 1963. Registration of judgments for enforcement in other districts
Statutory text
A judgment in an action for the recovery of money or property entered in any court of appeals, district court, bankruptcy court, or in the Court of International Trade may be registered by filing a certified copy of the judgment in any other district or, with respect to the Court of International Trade, in any judicial district, when the judgment has become final by appeal or expiration of the time for appeal or when ordered by the court that entered the judgment for good cause shown. Such a judgment entered in favor of the United States may be so registered any time after judgment is entered. A judgment so registered shall have the same effect as a judgment of the district court of the district where registered and may be enforced in like manner.
A certified copy of the satisfaction of any judgment in whole or in part may be registered in like manner in any district in which the judgment is a lien.
The procedure prescribed under this section is in addition to other procedures provided by law for the enforcement of judgments.
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. § 1963
June 25, 1948, ch. 646, 62 Stat. 958
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 958Pub. L. 85–508 § 12 · 72 Stat. 339
Struck · 28 U.S.C. § 1963
Pub. L. 85–508 struck out provisions which extended provisions of section to District Court for Territory of Alaska. See section 81A of this title which establishes a United States District Court for the State of Alaska
Source evidence
Code amendment note
Pub. L. 85–508 struck out provisions which extended provisions of section to District Court for Territory of Alaska. See section 81A of this title which establishes a United States District Court for the State of Alaska.Enacted provision · exact public law section
Sec. 12. Effective upon the admission of Alaska into the Union— (a) The analysis of chapter 5 of title 28, United States Code, immediately preceding section 81 of such title, is amended by inserting immediately after and underneath item 81 of such analysis, a new item to be designated as item 81A and to read as follows: “81A. Alaska”; (b) Title 28, United States Code, is amended by inserting immediately after section 81 thereof a new section, to be designated as section 81 A, and to read as follows: “§81A. Alaska “Alaska constitutes one judicial district. “Court shall be held at Anchorage, Fairbanks, Juneau, and Nome.”; (c) Section 133 of title 28, United States Code, is amended by inserting in the table of districts and judges in such section immediately above the item: “Arizona * * * 2”, a new item as follows: “Alaska * * * 1”; (d) The first paragraph of section 373 of title 28, United States Code, as heretofore amended, is further amended by striking out the words: “the District Court for the Territory of Alaska,”: Provided, That the amendment made by this subsection shall not affect the rights of any judge who may have retired before it takes effect; (e) The words “the District Court for the Territory of Alaska,” are stricken out wherever they appear in sections 333, 460, 610, 753, 1252, 1291, 1292, and 1346 of title 28, United States Code; (f) The first paragraph of section 1252 of title 28, United States Code, is further amended by striking out the word “Alaska,” from the clause relating to courts of record; (g) Subsection (2) of section 1294 of title 28, United States Code, is repealed and the later subsections of such section are renumbered accordingly; (h) Subsection (a) of section 2410 of title 28, United States Code, is amended by striking out the words: “including the District Court for the Territory of Alaska,”; (i) Section 3241 of title 18 United States Code, is amended by striking out the words: “District Court for the Territory of Alaska, the”; (j) Subsection (e) of section 3401 of title 18, United States Code, is amended by striking out the words: “for Alaska or”; (k) Section 3771 of title 18, United States Code, as heretofore amended, is further amended by striking out from the first paragraph of such section the words: “the Territory of Alaska,”; (l) Section 3772 of title 18, United States Code, as heretofore amended, is further amended by striking out from the first paragraph of such section the words: “the Territory of Alaska,”; (m) Section 2072 of title 28, United States Code, as heretofore amended, is further amended by striking out from the first paragraph of such section the words: “and of the District Court for the Territory of Alaska”; (n) Subsection (q) of section 376 of title 28, United States Code, is amended by striking out the words: “the District Court for the Territory of Alaska,”: Provided, That the amendment made by this subsection shall not affect the rights under such section 376 of any present or former judge of the District Court for the Territory of Alaska or his survivors; (o) The last paragraph of section 1963 of title 28, United States Code, is repealed; (p) Section 2201 of title 28, United States Code, is amended by striking out the words: “and the District Court for the Territory of Alaska”; and (q) Section 4 of the Act of July 28, 1950 (64 Stat. 380; 5 U. S. C., sec. 341b) is amended by striking out the word: “Alaska,”.Judicial Improvements and Access to Justice Act
Pub. L. 100–702 title X § 1002(a) · 102 Stat. 4642
Substituted · 28 U.S.C. § 1963
Pub. L. 100–702 substituted “Registration of judgments of the district courts and the Court of International Trade” for “Registration in other districts” in section catchline
Amended · 28 U.S.C. § 1963
Pub. L. 100–702 amended first sentence generally. Prior to amendment, first sentence read as follows: “A judgment in an action for the recovery of money or property now or hereafter entered in any district court which has become final by appeal or expiration of time for appeal may be registered in any other district by filing therein a certified copy of such judgment.”
Source evidence
Code amendment note
Pub. L. 100–702 substituted “Registration of judgments of the district courts and the Court of International Trade” for “Registration in other districts” in section catchline and amended first sentence generally. Prior to amendment, first sentence read as follows: “A judgment in an action for the recovery of money or property now or hereafter entered in any district court which has become final by appeal or expiration of time for appeal may be registered in any other district by filing therein a certified copy of such judgment.”Enacted provision · exact public law section
(a) Judgments of District Courts and Court of International Trade.— Section 1963 is amended by amending the first sentence to read as follows: “A judgment in an action for the recovery of money or property entered in any district court or in the Court of International Trade may be registered by filing a certified copy of such judgment in any other district or, with respect to the Court of International Trade, in any judicial district, when the judgment has become final by appeal or expiration of the time for appeal or when ordered by the court that entered the judgment for good cause shown.”.Federal Debt Collection Procedures Act of 1990
Pub. L. 101–647 title XXXVI § 3628 · 104 Stat. 4789
Inserted · 28 U.S.C. § 1963
Pub. L. 101–647 inserted after first sentence “Such a judgment entered in favor of the United States may be so registered any time after judgment is entered.”
Source evidence
Code amendment note
Pub. L. 101–647 inserted after first sentence “Such a judgment entered in favor of the United States may be so registered any time after judgment is entered.”Enacted provision · exact public law section
Sec. 3628. Section 1963 of title 28, United States Code, is amended by inserting after the first sentence the following: “Such a judgment entered in favor of the United States may be so registered any time after judgment is entered.”.Effective date note
Amendment by Pub. L. 101–647 effective 180 days after Nov. 29, 1990, see section 3631 of Pub. L. 101–647, set out as an Effective Date note under section 3001 of this title.Pub. L. 104–317 title II § 203(a) · 110 Stat. 3847
Substituted · 28 U.S.C. § 1963
Pub. L. 104–317 in section catchline substituted “for enforcement in other districts” for “of the district courts and the Court of International Trade”
Substituted · 28 U.S.C. § 1963
Pub. L. 104–317 in section catchline substituted “court of appeals, district court, bankruptcy court,” for “district court”
Substituted · 28 U.S.C. § 1963
Pub. L. 104–317 in section catchline substituted “copy of the judgment” for “copy of such judgment”
Added · 28 U.S.C. § 1963
Pub. L. 104–317 in section catchline added undesignated par. at end
Source evidence
Code amendment note
Pub. L. 104–317 in section catchline substituted “for enforcement in other districts” for “of the district courts and the Court of International Trade”, in first undesignated par. substituted “court of appeals, district court, bankruptcy court,” for “district court” and “copy of the judgment” for “copy of such judgment”, and added undesignated par. at end.Enacted provision · exact public law section
(a) In General. —Section 1963 of title 28, United States Code, is amended— (1) by amending the section heading to read as follows: “§ 1963. Registration of judgments for enforcement in other districts”; (2) in the first sentence— (A) by striking out “district court” and inserting in lieu thereof “court of appeals, district court, bankruptcy court,”; and (B) by striking out “such judgment” and inserting in lieu thereof “the judgment”; and (3) by adding at the end thereof the following new undesignated paragraph: “The procedure prescribed under this section is in addition to other procedures provided by law for the enforcement of judgments.”
8 of 9 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
This section follows the recommendation of the Supreme Court’s Advisory Committee on Federal Rules of Civil Procedure (1937) which included the following rule:
“Rule 77. Registration of judgments in other district courts. A judgment entered in any district court and which has become final through expiration of the time for appeal or by mandate on appeal may be registered in any other district court by filing therein an authenticated copy of the judgment. When so registered the judgment shall have the same effect and like proceedings for its enforcement may be taken thereon in the court in which it is registered as if the judgment had been originally entered by that court. If in the court in which the judgment was originally entered, the judgment has been satisfied in whole or in part or if an order has been made modifying or vacating it or affecting or suspending its operation, the party procuring the registration shall and any other party may file authenticated copies of the satisfaction or order with the court in which the judgment is registered. This rule shall not be construed to limit the effect of the Act of , c. 592, § 20 (33 Stat. 729), as amended, U.S.C., title 15, § 100; or the Act of , c. 320, §§ 36 and 37 (35 Stat. 1084), U.S.C., title 17, §§ 36 and 37; or § 56 of the Judicial Code, U.S.C., title 28, § 117; or to authorize the registration elsewhere of an order or a judgment rendered in a divorce action in the District of Columbia.”
Section 2508 of this title provides for the registration of judgments of the Court of Claims in favor of the United States in any district. See, also, section 2413 of this title.
The phrase “for the recovery of money or property” was not in the committee’s draft of Rule 77 of Federal Rules of Civil Procedure but was inserted in the revised section to exclude judgments in divorce actions, and any other actions, the registration of which would serve no useful purpose.
Editorial Notes
Amendments1954–1996 · 5 rounds
1996
Pub. L. 104–317 in section catchline substituted “for enforcement in other districts” for “of the district courts and the Court of International Trade”, in first undesignated par. substituted “court of appeals, district court, bankruptcy court,” for “district court” and “copy of the judgment” for “copy of such judgment”, and added undesignated par. at end.
1990
Pub. L. 101–647 inserted after first sentence “Such a judgment entered in favor of the United States may be so registered any time after judgment is entered.”
1988
Pub. L. 100–702 substituted “Registration of judgments of the district courts and the Court of International Trade” for “Registration in other districts” in section catchline and amended first sentence generally. Prior to amendment, first sentence read as follows: “A judgment in an action for the recovery of money or property now or hereafter entered in any district court which has become final by appeal or expiration of time for appeal may be registered in any other district by filing therein a certified copy of such judgment.”
1958
Pub. L. 85–508 struck out provisions which extended provisions of section to District Court for Territory of Alaska. See section 81A of this title which establishes a United States District Court for the State of Alaska.
1954
Act , extended provisions of section to District Court for Territory of Alaska.
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–647 effective 180 days after , see section 3631 of Pub. L. 101–647, set out as an Effective Date note under section 3001 of this title.
Effective Date of 1988 Amendment
Pub. L. 100–702, title X, § 1002(c), , 102 Stat. 4665, provided that: “The amendments made by this section [amending this section and repealing section 1963A of this title] take effect 90 days after the date of enactment of this title [].”
Effective Date of 1958 Amendment
Amendment by Pub. L. 85–508 effective , on admission of Alaska into the Union pursuant to Proc. No. 3269, , 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions.
Credits
1948–1996 · 6 acts
- 1948June 25, 1948, ch. 646, 62 Stat. 958
- 1954Aug. 23, 1954, ch. 837, 68 Stat. 772
- 1958Pub. L. 85–508, § 12(o), , 72 Stat. 349
- 1988Pub. L. 100–702, title X, § 1002(a), (b)(1), , 102 Stat. 4664
- 1990Pub. L. 101–647, title XXXVI, § 3628, , 104 Stat. 4965
- 1996Pub. L. 104–317, title II, § 203(a), , 110 Stat. 3849.
Show as published
(June 25, 1948, ch. 646, 62 Stat. 958; Aug. 23, 1954, ch. 837, 68 Stat. 772; Pub. L. 85–508, § 12(o), , 72 Stat. 349; Pub. L. 100–702, title X, § 1002(a), (b)(1), , 102 Stat. 4664; Pub. L. 101–647, title XXXVI, § 3628, , 104 Stat. 4965; Pub. L. 104–317, title II, § 203(a), , 110 Stat. 3849.)