§ 47. — Disqualification of trial judge to hear appeal.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC47]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 3--COURTS OF APPEALS
Sec. 47. Disqualification of trial judge to hear appeal
No judge shall hear or determine an appeal from the decision of a
case or issue tried by him.
(June 25, 1948, ch. 646, 62 Stat. 872.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 216, and District of
Columbia Code, 1940 ed., Sec. 11-205 (Feb. 9, 1893, ch. 74, Sec. 6, 27
Stat. 435; July 30, 1894, ch. 172, Sec. 2, 28 Stat. 161; Mar. 3, 1901,
ch. 854, Sec. 225, 31 Stat. 1225; Mar. 3, 1911, ch. 231, Sec. 120, 36
Stat. 1132).
The provision in section 11-205 of the District of Columbia Code,
1940 ed., that a justice of the district court while on the bench of the
Court of Appeals in the District of Columbia shall not sit in review of
judgment, order, or decree rendered by him below, was consolidated with
a similar provision of section 216 of title 28, U.S.C., 1940 ed. The
consolidation simplifies the language without change of substance.
References in said section 11-205 to the power to prescribe rules,
requisites of record on appeal, forms of bills of exception, and
procedure on appeal, were omitted as covered by Rules 73, 75, 76, of the
Federal Rules of Civil Procedure and by Rule 51 of the Federal Rules of
Criminal Procedure.
Said section 11-205 contained a provision that on a divided opinion
by the Court of Appeals for the District of Columbia the decision of the
lower court should stand affirmed. This was omitted as unnecessary as
merely expressing a well-established rule of law.
Other provisions of said section 11-205 are incorporated in section
48 of this title.
The provision of section 216 of title 28, U.S.C., 1940 ed., with
respect to the competency of justices and judges to sit, was omitted as
covered by section 43 of this title.
Specific reference in said section 216 to the Chief Justice of the
United States was likewise omitted inasmuch as he sits as a circuit
justice.
The provision of said section 216 with respect to assignment of
district judges was omitted as covered by section 291 et seq. of this
title.
Provision of said section 216 relating to presiding judge was
omitted as covered by section 44 of this title.
