Based on title 28, U.S.C., 1940 ed., § 223 and § 11–205 District of Columbia Code, 1940 ed. (Feb. 9, 1893, ch. 74, § 6, 27 Stat. 435; July 30, 1894, ch. 172, § 2, 28 Stat. 161; Mar. 3, 1901, ch. 854, § 225, 31 Stat. 1225; Mar. 3, 1911, ch. 231, § 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, § 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.
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.
2005—Subsecs. (e), (f). Pub. L. 109–63 added subsecs. (e) and (f).
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, § 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, § 104(c), added subsec. (b).
Subsec. (c). Pub. L. 97–164, § 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, § 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
Amendment by Pub. L. 102–572 effective
Amendment by Pub. L. 97–164 effective
Amendment by Pub. L. 96–452 effective
Pub. L. 86–70, § 23(a),