§ 48. — Terms of court.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC48]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 3--COURTS OF APPEALS
Sec. 48. Terms of court
(a) The courts of appeals shall hold regular sessions at the places
listed below, and at such other places within the respective circuit as
each court may designate by rule.
Circuits Places
District of Columbia......... Washington.
First........................ Boston.
Second....................... New York.
Third........................ Philadelphia.
Fourth....................... Richmond, Asheville.
Fifth........................ New Orleans, Fort Worth, Jackson.
Sixth........................ Cincinnati.
Seventh...................... Chicago.
Eighth....................... St. Louis, Kansas City, Omaha, St. Paul.
Ninth........................ San Francisco, Los Angeles, Portland,
Seattle.
Tenth........................ Denver, Wichita, Oklahoma City.
Eleventh..................... Atlanta, Jacksonville, Montgomery.
Federal...................... District of Columbia, and in any other
place listed above as the court by rule
directs.
(b) Each court of appeals may hold special sessions at any place
within its circuit as the nature of the business may require, and upon
such notice as the court orders. The court may transact any business at
a special session which it might transact at a regular session.
(c) Any court of appeals may pretermit any regular session of court
at any place for insufficient business or other good cause.
(d) The times and places of the sessions of the Court of Appeals for
the Federal Circuit shall be prescribed with a view to securing
reasonable opportunity to citizens to appear before the court with as
little inconvenience and expense to citizens as is practicable.
(June 25, 1948, ch. 646, 62 Stat. 872; Oct. 31, 1951, ch. 655, Sec. 36,
65 Stat. 723; Pub. L. 96-452, Sec. 4, Oct. 14, 1980, 94 Stat. 1994; Pub.
L. 97-164, title I, Sec. 104, Apr. 2, 1982, 96 Stat. 26; Pub. L. 102-
572, title V, Sec. 501, Oct. 29, 1992, 106 Stat. 4512.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 223 and Sec. 11-205
District of Columbia Code, 1940 ed. (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. 126, 36
Stat. 1132; July 17, 1916, ch. 246, 39 Stat. 385; Jan. 8, 1925, ch. 57,
43 Stat. 729; July 3, 1926, ch. 735, 44 Stat. 809; Feb. 28, 1929, ch.
363, Sec. 3, 45 Stat. 1347; May 17, 1932, ch. 190, 47 Stat. 158).
This section consolidates section 223 of title 28, U.S.C., 1940 ed.,
with part of section 11-205 of the District of Columbia Code.
Reference to San Juan as a place for holding court in the First
Circuit was omitted. The revised section will permit the holding of
terms at San Juan when the public interest requires.
The phrase ``and at such other places within the respective circuits
as may be designated by rule of court'' was added to enable each court
of appeals to hold such additional regular terms as changing
circumstances might require.
The provisions of such section 223, for furnishing suitable rooms
and accommodation at Oakland City, were omitted as obsolete since the
erection of a new Federal building there.
The provisions as to fixed times for holding court in the Fifth
Circuit was omitted as inconsistent with the practice in the other
circuits. Words ``San Francisco, Los Angeles, Portland, Seattle'' were
substituted for ``San Francisco and two other places designated by the
court'' to conform with the practice in the Ninth Circuit.
Changes were made in phraseology.
Senate Revision Amendment
By Senate amendment, Jacksonville (Fla.) was added as a place for
holding a regular session of the Court of Appeals for the Fifth Circuit.
See 80th Congress Senate Report No. 1559.
Amendments
1992--Subsec. (c). Pub. L. 102-572 struck out ``, with the consent
of the Judicial Conference of the United States,'' after ``pretermit''.
1982--Subsec. (a). Pub. L. 97-164, Sec. 104(a), (b), designated
introductory provisions and table of circuits as subsec. (a) and
substituted provisions directing the courts of appeals to hold regular
sessions at the places listed in the table and at such other places
within the circuits as each court might designate by rule, for
provisions which directed that terms or sessions of courts of appeals be
held annually at the places listed in the table and at such other places
as the courts might designate by rule and authorized each court of
appeals to hold special terms at any place within its circuit, and added
to the table an item for the Federal circuit, with sessions to be held
in the District of Columbia and in any other place listed elsewhere in
the table as the Federal circuit court might by rule direct.
Subsec. (b). Pub. L. 97-164, Sec. 104(c), added subsec. (b).
Subsec. (c). Pub. L. 97-164, Sec. 104(c), designated existing
provisions following table of circuits as subsec. (c) and substituted
``regular session'' for ``regular term or session''.
Subsec. (d). Pub. L. 97-164, Sec. 104(c), added subsec. (d).
1980--Pub. L. 96-452 substituted ``New Orleans, Fort Worth,
Jackson'' for ``New Orleans, Atlanta, Fort Worth, Jacksonville,
Montgomery'' in item relating to fifth circuit, and added item relating
to eleventh circuit.
1951--Act Oct. 31, 1951, inserted last par.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-572 effective Jan. 1, 1993, see section
1101(a) of Pub. L. 102-572, set out as a note under section 905 of Title
2, The Congress.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-452 effective Oct. 1, 1981, see section 12
of Pub. L. 96-452, set out as a note under section 41 of this title.
Survey of Judicial Business in Alaska
Section 23(a) of Pub. L. 86-70, June 25, 1959, 73 Stat. 147,
provided that: ``The Judicial Conference of the United States, with the
assistance of the Administrative Office of the United States Courts,
shall conduct a study, including a field survey, of the Federal judicial
business arising in the State of Alaska with a view toward directing the
United States Court of Appeals for the Ninth Circuit to hold such terms
of court in Anchorage or such other Alaskan cities as may be necessary
for the prompt and efficient administration of justice.''
