Title 48 — Territories and Insular Possessions
Chapter 4 — Puerto Rico
§ 864. Appeals, certiorari, removal of causes, etc.; use of English language
Statutory text
The laws of the United States relating to appeals, certiorari, removal of causes, and other matters or proceedings as between the courts of the United States and the courts of the several States shall govern in such matters and proceedings as between the United States District Court for the District of Puerto Rico and the courts of Puerto Rico.
All pleadings and proceedings in the United States District Court for the District of Puerto Rico shall be conducted in the English language.
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.
Pub. L. 56–191 § 35 · 31 Stat. 77
Enacted · 48 U.S.C. § 864
Apr. 12, 1900, ch. 191, § 35, 31 Stat. 85
Source evidence
Code source credit
Apr. 12, 1900, ch. 191, § 35, 31 Stat. 85Enacted provision · exact public law section
Sec. 35. That writs of error and appeals from the final decisions of Appeal to Supreme Court, U.S. the supreme court of Porto Rico and the district court of the United States shall be allowed and may be taken to the Supreme Court of the United States in the same manner and under the same regulations and in the same cases as from the supreme courts of the Territories of the United States; and such writs of error and appeal shall be allowed in —when allowed. all cases where the Constitution of the United States, or a treaty thereof, or an Act of Congress is brought in question and the right claimed thereunder is denied; and the supreme and district courts of Habeas corpus, etc. Porto Rico and the respective judges thereof may grant writs of habeas corpus in all cases in which the same are grantable by the judges of the district and circuit courts of the United States. All such proceedings in the Supreme Court of the United States shall be conducted in the English language.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
The laws of the United States relating to appeals, certiorari, removal of causes, and other matters or proceedings, referred to in text, are classified to Title 28, Judiciary and Judicial Procedure.
Codification
“United States District Court for the District of Puerto Rico” substituted in text for “District Court of the United States for Puerto Rico” in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which states that “There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district” and section 119 of Title 28, which states that “Puerto Rico constitutes one judicial district.”
Prior Provisions
Act Mar. 3, 1911, ch. 231, § 244, 36 Stat. 1157, related to direct appeals from The Supreme Court and the United District Court for Puerto Rico to the United States Supreme Court, prior to repeal by act Jan. 28, 1915, ch. 22, § 3, 38 Stat. 804.
Provisions similar to those in this section were contained in act Apr. 12, 1900, ch. 191, § 34, 31 Stat. 84.
Amendments1925–1948 · 3 rounds
1948
Act , amended section generally, and struck out provisions relating to the term of district court and appeals to the circuit court.
1928
Act , abolished writ of error in civil and criminal cases and made all relief formerly obtained by writ of error obtainable by appeal.
1925
Act Feb. 13, 1925, ch. 229, § 13, repealed provisions of this section permitting a direct review by the Supreme Court of cases in the courts in Puerto Rico.
Statutory Notes and Related Subsidiaries
Change of Name
“Puerto Rico” substituted in text for “Porto Rico” pursuant to act , which is classified to section 731a of this title.
Effective Date of 1948 Amendment
Amendment by act , effective , see section 38 of that act, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.
Repeals
Section 39 of act , repealed section 1 of act Feb. 13, 1925, ch. 229, 43 Stat. 936, formerly cited as a credit to this section, which authorized review in the Circuit Court of Appeals in the First Circuit.
Credits
1900–1948 · 6 acts
- 1900Apr. 12, 1900, ch. 191, § 35, 31 Stat. 85
- 1917Mar. 2, 1917, ch. 145, § 42, 39 Stat. 966
- 1925Feb. 13, 1925, ch. 229, § 13, 43 Stat. 942
- 1928Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54
- 1932May 17, 1932, ch. 190, 47 Stat. 158
- 1948June 25, 1948, ch. 646, § 21, 62 Stat. 990.
Show as published
(Apr. 12, 1900, ch. 191, § 35, 31 Stat. 85; Mar. 2, 1917, ch. 145, § 42, 39 Stat. 966; Feb. 13, 1925, ch. 229, § 13, 43 Stat. 942; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54; May 17, 1932, ch. 190, 47 Stat. 158; June 25, 1948, ch. 646, § 21, 62 Stat. 990.)