§ 638. — Dockets and forms; United States Code; seals.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC638]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 43--UNITED STATES MAGISTRATE JUDGES
Sec. 638. Dockets and forms; United States Code; seals
(a) The Director shall furnish to United States magistrate judges
adequate docket books and forms prescribed by the Director. The Director
shall also furnish to each such officer a copy of the current edition of
the United States Code.
(b) All property furnished to any such officer shall remain the
property of the United States and, upon the termination of his term of
office, shall be transmitted to his successor in office or otherwise
disposed of as the Director orders.
(c) The Director shall furnish to each United States magistrate
judge appointed under this chapter an official impression seal in a form
prescribed by the conference. Each such officer shall affix his seal to
every jurat or certificate of his official acts without fee.
(June 25, 1948, ch. 646, 62 Stat. 917; Pub. L. 90-578, title I,
Sec. 101, Oct. 17, 1968, 82 Stat. 1114; Pub. L. 101-650, title III,
Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 528, 528a (June 28, 1906,
ch. 3573, 34 Stat. 546; July 10, 1946, ch. 548, 60 Stat. 525).
Section consolidates section 528 and part of section 528a of title
28, U.S.C., 1940 ed., with changes in phraseology necessary to effect
consolidation.
Provisions of section 528a of title 28, U.S.C., 1940 ed., relating
to dockets and forms, are incorporated in section 639 of this title.
Words ``Director of the Administrative Office of the United States
Courts'' were substituted for ``Attorney General'', contained in section
528 of title 28, U.S.C., 1940 ed., in view of Act Aug. 7, 1939, ch. 501,
Sec. 6, 53 Stat. 1226, 28 U.S.C., 1940 ed., following Sec. 446, giving
the Directors supervision of court administrative matters.
Changes in phraseology were made.
Amendments
1968--Subsec. (a). Pub. L. 90-578 incorporated in provisions
designated as subsec. (a) provisions of first par. of former section 639
of this title, substituting ``United States magistrates'' for prior
designation as ``United States Commissioners'', specifying that the copy
of the United States Code be a current edition, and dispensing with
approval by the chief judge of the district court for a copy of such
Code.
Subsec. (b). Pub. L. 90-578 incorporated in provisions designated as
subsec. (b) provisions of the second par. of former section 639 of this
title.
Subsec. (c). Pub. L. 90-578 designated existing provisions as
subsec. (c), and substituted ``United States magistrate'' for ``United
States commissioner'', provision for appointment under this chapter
rather than after July 10, 1946, provision that the form of the seal be
prescribed by the conference rather than the Director, and ``without
fee'' for ``without additional fee''.
Change of Name
``United States magistrate judges'' and ``United States magistrate
judge'' substituted for ``United States magistrates'' and ``United
States magistrate'', respectively, in subsecs. (a) and (c) pursuant to
section 321 of Pub. L. 101-650, set out as a note under section 631 of
this title.
Effective Date of 1968 Amendment
Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a
later effective date is applicable, which is the earlier of date when
implementation of amendment by appointment of magistrates [now United
States magistrate judges] and assumption of office takes place or third
anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see section
403 of Pub. L. 90-578, set out as a note under section 631 of this
title.
