§ 956. — Powers and duties of clerks and deputies.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC956]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 57--GENERAL PROVISIONS APPLICABLE TO COURT OFFICERS AND
EMPLOYEES
Sec. 956. Powers and duties of clerks and deputies
The clerk of each court and his deputies and assistants shall
exercise the powers and perform the duties assigned to them by the
court.
(June 25, 1948, ch. 646, 62 Stat. 926.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 221, 244, 304 and 305
(Mar. 3, 1911, ch. 231, Secs. 124, 139, 191, 192, 36 Stat. 1132, 1136,
1144; June 16, 1930, ch. 494, 46 Stat. 589).
This section contains only a part of sections 221, 244, 304 and 305
of title 28, U.S.C., 1940 ed. The other provisions of such sections are
incorporated in sections 604, 711, 831, 833, 834, 957 and 1926 of this
title.
Sections 221, 244, 304 and 305 of title 28, U.S.C., 1940 ed.,
related to the clerks of the circuit courts of appeals, the Court of
Claims and the Court of Customs and Patent Appeals.
The phrase ``assigned to them by the court'' was substituted for the
indefinite provision of section 221 of title 28, U.S.C., 1940 ed., that
the clerk of each circuit court of appeals ``shall exercise the same
powers and perform the same duties * * * as are exercised and performed
by the clerk of the Supreme Court, so far as the same may be
applicable.''
This section is new insofar as it affects the Clerk of the Supreme
Court and clerks of the district courts and the Customs Court. Existing
law does not prescribe the powers and duties of those clerks. The duties
of the clerk of the Customs Court have been prescribed by the rules of
such court adopted May 29, 1936.
Changes were made in phraseology.