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Title 28 — Judiciary and Judicial Procedure

Part I · Chapter 5 — District Courts

§ 98. Louisiana

Statutory text

Louisiana is divided into three judicial districts to be known as the Eastern, Middle, and Western Districts of Louisiana.

Eastern District

(a) The Eastern District comprises the parishes of Assumption, Jefferson, Lafourche, Orleans, Plaquemines, Saint Bernard, Saint Charles, Saint James, Saint John the Baptist, Saint Tammany, Tangipahoa, Terrebonne, and Washington.

Court for the Eastern District shall be held at New Orleans, and Houma.

Middle District

(b) The Middle District comprises the parishes of Ascension, East Baton Rouge, East Feliciana, Iberville, Livingston, Pointe Coupee, Saint Helena, West Baton Rouge, and West Feliciana.

Court for the Middle District shall be held at Baton Rouge.

Western District

(c) The Western District comprises the parishes of Acadia, Allen, Avoyelles, Beauregard, Bienville, Bossier, Caddo, Calcasieu, Caldwell, Cameron, Catahoula, Claiborne, Concordia, Jefferson Davis, De Soto, East Carroll, Evangeline, Franklin, Grant, Iberia, Jackson, Lafayette, La Salle, Lincoln, Madison, Morehouse, Natchitoches, Ouachita, Rapides, Red River, Richland, Sabine, Saint Landry, Saint Martin, Saint Mary, Tensas, Union, Vermilion, Vernon, Webster, West Carroll, and Winn.

Court for the Western District shall be held at Alexandria, Lafayette, Lake Charles, Monroe, Opelousas, and Shreveport.

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. § 98

    June 25, 1948, ch. 646, 62 Stat. 881

    Source evidence

    Code source credit
    June 25, 1948, ch. 646, 62 Stat. 881

  2. Pub. L. 87–36 § 4 · 75 Stat. 80

    Struck · 28 U.S.C. § 98

    Pub. L. 87–36 struck out from enumeration in subsec. (a)(1) the parishes of Iberia and Saint Mary, in subsec. (b)(1) Lafayette, Saint Martin and Vermilion, and in subsec. (b)(5) Acadia, and created sixth division of subsec. (b), consisting of such parishes

    Source evidence

    Code amendment note
    Pub. L. 87–36 struck out from enumeration in subsec. (a)(1) the parishes of Iberia and Saint Mary, in subsec. (b)(1) Lafayette, Saint Martin and Vermilion, and in subsec. (b)(5) Acadia, and created sixth division of subsec. (b), consisting of such parishes.

    Enacted provision · exact public law section
    Sec. 4. Section 98 of title 28, United States Code, is amended to read 62 Stat. 881. as follows: “§ 98. Louisiana “Louisiana is divided into two judicial districts to be known as the Eastern and Western Districts of Louisiana. “(a) The Eastern District comprises two divisions. “(1) The New Orleans Division comprises the parishes of Assumption, Jefferson, Lafourche, Orleans, Plaquemines, Saint Bernard, Saint Charles, Saint James, Saint John the Baptist, Saint Tammany, Tangipahoa, Terrebonne, and Washington. “Court for the New Orleans Division shall be held at New Orleans. “(2) The Baton Rouge Division comprises the parishes of Ascension, East Baton Rouge, East Feliciana, Iberville, Livingston, Point Coupee, Saint Helena, West Baton Rouge, and West Feliciana. “Court for the Baton Rouge Division shall be held at Baton Rouge. “(b) The Western District comprises six divisions. “(1) The Opelousas Division comprises the parishes of Evangeline and Saint Landry. “Court for the Opelousas Division shall beheld at Opelousas. “(2) The Alexandria Division comprises the parishes of Avoyelles, Catahoula, Grant, La Salle, Kapides, and Winn. “Court for the Alexandria Division shall be held at Alexandria. “(3) The Shreveport Division comprises the parishes of Bienville, Bossier, Caddo, Claiborne, De Soto, Natchitoches, Red River, Sabine, and Webster. “Court for the Shreveport Division shall be held at Shreveport, “(4) The Monroe Division comprises the parishes of Caldwell, Concordia, East Carroll, Franklin, Jackson, Lincoln, Madison, Morehouse, Ouachita, Richland, Tensas, Union, and West Carroll. “Court for the Monroe Division shall be held at Monroe. “(5) The Lake Charles Division comprises the parishes of Allen, Beauregard, Calcasieu, Cameron, Jefferson Davis, and Vernon. “Court for the Lake Charles Division shall be held at Lake Charles. “(6) The Lafayette Division comprises the parishes of Acadia, Iberia, Lafayette, Saint Martin, Saint Mary, and Vermilion. “Court for the Lafayette Division shall be held at Lafayette.”

  3. Pub. L. 92–208 § 3(a) · 85 Stat. 741

    Amended · 28 U.S.C. § 98

    Pub. L. 92–208 created a Middle District consisting of the nine parishes formerly making up Baton Rouge Division of Eastern District and designated as the entire Eastern District the thirteen parishes formerly making up New Orleans Division of Eastern District

    Source evidence

    Code amendment note
    Pub. L. 92–208 created a Middle District consisting of the nine parishes formerly making up Baton Rouge Division of Eastern District and designated as the entire Eastern District the thirteen parishes formerly making up New Orleans Division of Eastern District.

    Enacted provision · exact public law section
    (a) Section 98 of title 28 of the United States Code is 75 Stat. 83. amended to read as follows: “§ 98. Louisiana “Louisiana is divided into three judicial districts to be known as the Eastern, Middle, and Western Districts of Louisiana. “(a) “Eastern District The Eastern District comprises the parishes of Assumption, Jefferson. Lafourche, Orleans, Plaquemines, Saint Bernard, Saint Charles, Saint James, Saint John the Baptist, Saint Tammany, Tangipahoa, Terrebonne, and Washington. “Court for the Eastern District shall be held at New Orleans. “(b) “Middle District The Middle District comprises the parishes of Ascension, East Baton Rouge, East Feliciana, Iberville, Livingston, Pointe Coupee, Saint Helena, West Baton Rouge, and West Feliciana. “Court for the Middle District shall be held at Baton Rouge. “(c) “Western District The Western District comprises six divisions. “(1) The Opelousas Division comprises the parishes of Evangeline and Saint Landry. “Court for the Opelousas Division shall be held at Opelousas. “(2) The Alexandria Division comprises the parishes of Avoyelles, Catahoula, Grant, La Salle, Rapides, and Winn. “Court for the Alexandria Division shall be held at Alexandria. “(3) The Shreveport Division comprises the parishes of Bienville, Bossier, Caddo, Claiborne, De Soto, Natchitoches, Red River, Sabine, and Webster. “Court for the Shreveport Division shall be held at Shreveport. “(4) The Monroe Division comprises the parishes of Caldwell, Concordia, East Carroll, Franklin, Jackson, Lincoln, Madison, Morehouse, Ouachita, Richland, Tensas, Union, and West Carroll. “Court for the Monroe Division shall be held at Monroe. “(5) The Lake Charles Division comprises the parishes of Allen, Beauregard, Calcasieu, Cameron, Jefferson Davis, and Vernon. “Court for the Lake Charles Division shall be held at Lake Charles. “(6) The Lafayette Division comprises the parishes of Acadia, Iberia, Lafayette, Saint Martin, Saint Mary, and Vermilion. “Court for the Lafayette Division shall be held at Lafayette.”

  4. Federal District Court Organization Act of 1978

    Pub. L. 95–408 § 3(a) · 92 Stat. 883

    Struck · 28 U.S.C. § 98(c)

    Pub. L. 95–408 struck out par. (1) to (6) designations which had divided the parishes of Western District into six divisions

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 95–408 struck out par. (1) to (6) designations which had divided the parishes of Western District into six divisions.

    Enacted provision · exact public law section
    (a) Section 98(c) of title 28, United States Code, is amended to read as follows: “Western District “(c) The Western District comprises the parishes of Acadia, Allen, Avoyelles, Beauregard, Bienville, Bossier, Caddo, Calcasieu, Caldwell, Cameron, Catahoula, Claiborne, Concordia, Jefferson Davis, De Soto, East Carroll, Evangeline, Franklin, Grant, Iberia, Jackson, Lafayette, La Salle, Lincoln, Madison, Morehouse, Natchitoches, Ouachita, Rapides, Red River, Richland, Sabine, Saint Landry, Saint Martin, Saint Mary, Tensas, Union, Vermilion, Vernon, Webster, West Carroll, and Winn. “Court for the Western District shall be held at Alexandria, Lafayette, Lake Charles, Monroe, Opelousas, and Shreveport.”.

    Effective date note
    Amendment by Pub. L. 95–408 effective 180 days after Oct. 2, 1978, 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.

  5. Pub. L. 98–353 title II § 203(b) · 98 Stat. 333

    Inserted · 28 U.S.C. § 98(a)

    Pub. L. 98–353 inserted “, and Houma” after “New Orleans”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 98–353 inserted “, and Houma” after “New Orleans”.

    Enacted provision · exact public law section
    (b) Section 98(a) of title 28, United States Code, is amended by inserting “, and Houma” after “New Orleans”.

4 of 5 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 159 (Mar. 3, 1911, ch. 231, § 84, 36 Stat. 1113).

Provisions relating to the maintenance of offices by the clerks were omitted as covered by sections 452 and 751 of this title.

The parishes of Allen, Beauregard, and Jefferson Davis of the Lake Charles Division of the Western District were formed out of part of Calcasieu Parish since the enactment of the Judicial Code.

Changes in arrangement and phraseology were made.

Editorial Notes

Amendments1961–1984 · 4 rounds

1984

Subsec. (a). Pub. L. 98–353 inserted “, and Houma” after “New Orleans”.

1978

Subsec. (c). Pub. L. 95–408 struck out par. (1) to (6) designations which had divided the parishes of Western District into six divisions.

1971

Pub. L. 92–208 created a Middle District consisting of the nine parishes formerly making up Baton Rouge Division of Eastern District and designated as the entire Eastern District the thirteen parishes formerly making up New Orleans Division of Eastern District.

1961

Pub. L. 87–36 struck out from enumeration in subsec. (a)(1) the parishes of Iberia and Saint Mary, in subsec. (b)(1) Lafayette, Saint Martin and Vermilion, and in subsec. (b)(5) Acadia, and created sixth division of subsec. (b), consisting of such parishes.

Statutory Notes and Related Subsidiaries

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.

Effective Date of 1971 Amendment

Pub. L. 92–208, § 3(f), , 85 Stat. 742, provided that: “The provisions of this section [amending this section and sections 133 and 134 of this title and enacting provisions set out below] shall become effective one hundred and twenty days after the date of enactment of this Act [].”

District Judge, United States Attorney, and United States Marshal for Middle District; Designation; Tenure; Appointment

Pub. L. 92–208, § 3(b), (c), , 85 Stat. 742, provided that:

“(b)

The district judge for the Eastern District of Louisiana holding office on the day immediately prior to the effective date of this section [see Effective Date of 1971 Amendment Note above], and whose official station on such date is Baton Rouge, shall, on and after such date, be the district judge for the Middle District of Louisiana. All other district judges for the Eastern District of Louisiana holding office on the day immediately prior to the effective date of this section shall be district judges for the Eastern District of Louisiana as constituted by this section.

“(c)
(1)

Nothing in this section shall in any manner affect the tenure of office of the United States attorney and the United States marshal for the Eastern District of Louisiana who are in office on the effective date of this section, and who shall be during the remainder of their present terms of office the United States attorney and marshal for the Eastern District of Louisiana as constituted by this section.

“(2)

The President shall appoint, by and with the advice and consent of the Senate, a United States attorney and marshal for the Middle District of Louisiana.”

Credits

1948–1984 · 5 acts
  1. 1948June 25, 1948, ch. 646, 62 Stat. 881
  2. 1961Pub. L. 87–36, § 4, , 75 Stat. 83
  3. 1971Pub. L. 92–208, § 3(a), , 85 Stat. 741
  4. 1978Pub. L. 95–408, § 3(a), , 92 Stat. 883
  5. 1984Pub. L. 98–353, title II, § 203(b), , 98 Stat. 350.
Show as published

(June 25, 1948, ch. 646, 62 Stat. 881; Pub. L. 87–36, § 4, , 75 Stat. 83; Pub. L. 92–208, § 3(a), , 85 Stat. 741; Pub. L. 95–408, § 3(a), , 92 Stat. 883; Pub. L. 98–353, title II, § 203(b), , 98 Stat. 350.)

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