US (United States) Code. Title 28. Part III: Court officers and employees. Chapter 49: District courts

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Judiciary and judicial procedure

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 24 páginas
publicidad

-CITE-

28 USC CHAPTER 49 - DISTRICT COURTS 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 49 - DISTRICT COURTS

-HEAD-

CHAPTER 49 - DISTRICT COURTS

-MISC1-

Sec.

751. Clerks.

752. Law clerks and secretaries.

753. Reporters.

754. Receivers of property in different districts.

755. Criers and bailiffs.

756. Power to appoint.

-End-

-CITE-

28 USC Sec. 751 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 49 - DISTRICT COURTS

-HEAD-

Sec. 751. Clerks

-STATUTE-

(a) Each district court may appoint a clerk who shall be subject

to removal by the court.

(b) The clerk may appoint, with the approval of the court,

necessary deputies, clerical assistants and employees in such

number as may be approved by the Director of the Administrative

Office of the United States Courts. Such deputies, clerical

assistants and employees shall be subject to removal by the clerk

with the approval of the court.

(c) The clerk of each district court shall reside in the district

for which he is appointed, except that the clerk of the district

court for the District of Columbia and the Southern District of New

York may reside within twenty miles thereof. The district court may

designate places within the district for the offices of the clerk

and his deputies, and their official stations.

(d) A clerk of a district court or his deputy or assistant shall

not receive any compensation or emoluments through any office or

position to which he is appointed by the court, other than that

received as such clerk, deputy or assistant, whether from the

United States or from private litigants.

This subsection shall not apply to clerks or deputy clerks

appointed as United States magistrate judges pursuant to section

631 of this title.

(e) The clerk of each district court shall pay into the Treasury

all fees, costs and other moneys collected by him, except

naturalization fees listed in section 742 of Title 8 and

uncollected fees not required by Act of Congress to be prepaid.

He shall make returns thereof to the Director of the

Administrative Office of the United States Courts under regulations

prescribed by him.

(f) When the Court of International Trade is sitting in a

judicial district, other than the Southern District or Eastern

District of New York, the clerk of the district court of such

judicial district or an authorized deputy clerk, upon the request

of the chief judge of the Court of International Trade and with the

approval of such district court, shall act in the district as clerk

of the Court of International Trade, as prescribed by the rules and

orders of the Court of International Trade for all purposes

relating to the civil action then pending before such court.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 920; Pub. L. 90-578, title IV,

Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 96-417, title

V, Sec. 504, Oct. 10, 1980, 94 Stat. 1743; Pub. L. 101-650, title

III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 6, 7, 8, 524, 557,

567, 568, and 569, sections 644 and 863 of title 48, U.S.C., 1940

ed., Territories and Insular Possessions, and section 11-401 of the

District of Columbia Code, 1940 ed. (R.S. Sec. 833; June 20, 1874,

ch. 328, Sec. 2, 18 Stat. 109; May 28, 1896, ch. 252, Sec. 8, 29

Stat. 181; Apr. 12, 1900, ch. 191, Sec. 34, 31 Stat. 84; Apr. 30,

1900, ch. 339, Sec. 86, 31 Stat. 158; Mar. 3, 1901, ch. 854, Sec.

174, 31 Stat. 1218; June 28, 1902, ch. 1301, Sec. 1, 32 Stat. 475;

June 30, 1902, ch. 1329, 32 Stat. 527; June 30, 1906, ch. 3914,

Sec. 1, 34 Stat. 754; Mar. 3, 1909, ch. 269, Sec. 1, 35 Stat. 838;

Mar. 3, 1911, ch. 231, Secs. 3, 4, 291, 36 Stat. 1087, 1167; Jan.

7, 1913, ch. 6, 37 Stat. 648; Mar. 2, 1917, ch. 145, Sec. 41, 39

Stat. 965; Feb. 26, 1919, ch. 49, Secs. 1, 4, 9, 40 Stat. 1182,

1183; Feb. 11, 1921, ch. 46, 41 Stat. 1099; Mar. 4, 1921, ch. 161,

Sec. 1, 41 Stat. 1412, 1413; June 10, 1921, ch. 18, Secs. 301, 310,

42 Stat. 23, 25; June 16, 1921, ch. 23, Sec. 1, 42 Stat. 41; July

9, 1921, ch. 42, Sec. 313, 42 Stat. 119; June 1, 1922, ch. 204,

Title II, 42 Stat. 614, 616; Jan. 3, 1923, ch. 21 title II, 42

Stat. 1084; Feb. 12, 1925, ch. 220, 43 Stat. 890; Dec. 13, 1926,

ch. 6, Sec. 1, 44 Stat. 919; May 17, 1932, ch. 190, 47 Stat. 158;

June 25, 1936, ch. 804, 49 Stat. 1921; Mar. 26, 1938, ch. 51, Sec.

2, 52 Stat. 118; June 16, 1938, ch. 465, 52 Stat. 752; June 14,

1941, ch. 203, Secs. 1, 2, 55 Stat. 251).

This section consolidates provisions of section 11-401 of the

District of Columbia Code, 1940 ed., sections 644 and 863 of title

48, U.S.C., 1940 ed., Territories and Insular Possessions, and

title 28, U.S.C., 1940 ed., sections 6, 7, 8, 524, 557, 567, 568,

and 569 relating to district court clerks. Other provisions of such

sections 8 and 524 are incorporated in sections 505 [now 545], 541

[see 561], and 954 of this title and other provisions of such

section 11-401 of the District of Columbia Code have been retained

in such Code.

Words "with the approval of the court" were substituted for

"Attorney General." The power to approve appointment of court

officers is more properly a judicial one. (See section 711 of this

title.)

The provision in section 6 of title 28, U.S.C., 1940 ed., that

the clerk be appointed by the district judge or senior judge where

there was more than one member of the court was changed and the

power vested in the court.

The provisions of section 644 of title 48, U.S.C., 1940 ed.,

Territories and Insular Possessions, relating to compensation of

clerks and deputy clerks were omitted as covered by section 604 of

this title. Other provisions of said section 644 are incorporated

in section 753 of this title.

Provision for similar officers in Alaska, Canal Zone, and the

Virgin Islands is made by sections 106, 1349, and 1405y,

respectively, of title 48, U.S.C., 1940 ed. A part of section 863

of said title 48, was retained in title 48. For remainder of such

section, see Distribution Table.

Words in sections 6 and 7 of title 28, U.S.C., 1940 ed., "Except

as otherwise provided for by law," were omitted as obsolete and

superfluous.

References in section 7 of title 28, U.S.C., 1940 ed., that the

clerk recommend appointment of deputies and clerical assistants

were omitted as unnecessary.

The provision that each clerk shall be subject to removal by the

court is new. No tenure was provided for by title 28, U.S.C., 1940

ed., but said title contained provisions that other clerks should

hold office during the pleasure of the courts which appointed them,

and that deputies should hold office during the pleasure of the

clerks. The Supreme Court held, in 1839, that a judge of a district

court could remove the clerk thereof at pleasure in absence of any

law fixing the clerk's tenure. In re Hennen, 38 U.S. 230, 13 Pet.

230, 10 L.Ed. 138. (See also, Meyers v. U.S., 47 S.Ct. 21, 272 U.S.

52, 71 L.Ed. 160.)

Words "circuit or" after "Every clerk of the" in section 524 of

title 28, U.S.C., 1940 ed., were omitted because of the abolition

of the circuit courts by act Mar. 3, 1911, ch. 231, Sec. 289, 36

Stat. 1167, title 28, U.S.C., 1940 ed., Sec. 430.

The provisions in section 524 of title 28, U.S.C., 1940 ed., that

the clerk shall give his personal attention to his official duties,

and declaring his office vacant upon removal from his district or

neglect of duty, were omitted as covered by the removal provision

of this section.

The provision permitting the clerk of the district court for the

District of Columbia to reside within twenty miles of the District

of Columbia was added because of the relatively small and congested

area of the District, as a result of which few federal officers are

appointed from the District or reside therein.

The provision in subsection (b) of this section authorizing

judges to designate the places for maintaining offices by the

clerks was added because of many special provisions, in sections

141-196 of title 28, U.S.C., 1940 ed., for the maintenance of

offices by the clerks of the district courts at various particular

places. These provisions have been omitted, on revision, as covered

by the more general provisions of this section. For residence

requirements of United States attorneys and marshals, see sections

505 [now 545] and 541 [see 561] of this title.

A provision that a breach of section 569 of title 28, U.S.C.,

1940 ed., should be deemed a vacation of the offender's

appointment, was omitted as covered by the removal provision of

this section.

The provision of section 569 of title 28, U.S.C., 1940 ed.,

limiting the compensation of a clerk who is appointed United States

commissioner, to $3,000 a year for both offices was omitted as

obsolete. The proper adjustment of the compensation of such clerks

is an administrative matter more appropriately regulated by the

Director of the Administrative Office under the Supervision of the

Judicial Conference of the United States. (See section 604 of this

title.)

Reference in sections 557, 567 and 568 of title 28, U.S.C., 1940

ed., to accounting by district court clerks in Alaska, were omitted

as covered by sections 106 and 107 of title 48, U.S.C., 1940 ed.,

Territories and Insular Possessions, relating to duties of those

clerks.

References in sections 557 and 567 of title 28, U.S.C., 1940 ed.,

to the clerk of the district court of the United States for the

District of Columbia, were omitted as covered by words "The clerk

of each district court of the United States."

As revised, this section is in harmony with the provisions in

chapters 45 and 47 of this title relating to accounting by the

clerk of the Supreme Court and clerks of the courts of appeals.

Provisions as to time and method of accounting and settlement of

accounts were omitted as covered by chapter 41 of this title giving

the Director of the Administrative Office of the United States

Courts supervision over such accounts, and of chapter 2, Audit and

Settlement of Accounts, of title 31, U.S.C., 1940 ed., Money and

Finance.

Provisions as to particular fees and moneys to be accounted for

were omitted as covered by words "all fees, costs and other

moneys." Included in such provisions was a provision as to

naturalization fees, but a later act, now appearing in section 742

of title 8, U.S.C., 1940 ed., Aliens and Nationality, provided a

different method of accounting and an exception expressly referring

to such section was inserted in this section.

Changes were made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

Section 742 of Title 8, referred to in subsec. (e), was repealed

by act June 27, 1952, ch. 477, title IV, Sec. 403(a)(42), 66 Stat.

280. See section 1455 of Title 8, Aliens and Nationality.

-MISC2-

AMENDMENTS

1980 - Subsec. (f). Pub. L. 96-417 added subsec. (f).

-CHANGE-

CHANGE OF NAME

"United States magistrate judges" substituted for "United States

magistrates" in subsec. (d) pursuant to section 321 of Pub. L.

101-650, set out as a note under section 631 of this title.

Previously, "United States magistrates" substituted for "United

States commissioners" pursuant to Pub. L. 90-578. See chapter 43

(Sec. 631 et seq.) of this title.

-MISC3-

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and

applicable with respect to civil actions pending on or commenced on

or after such date, see section 701(a) of Pub. L. 96-417, set out

as a note under section 251 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 775 of this title.

-End-

-CITE-

28 USC Sec. 752 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 49 - DISTRICT COURTS

-HEAD-

Sec. 752. Law clerks and secretaries

-STATUTE-

District judges may appoint necessary law clerks and secretaries

subject to any limitation on the aggregate salaries of such

employees which may be imposed by law. A law clerk appointed under

this section shall be exempt from the provisions of subchapter I of

chapter 63 of title 5, unless specifically included by the

appointing judge or by local rule of court.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 921; Pub. L. 86-221, Sept. 1,

1959, 73 Stat. 452; Pub. L. 100-702, title X, Sec. 1003(a)(3), Nov.

19, 1988, 102 Stat. 4665.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 5b and 128 (Mar. 3,

1911, ch. 231, Sec. 118b, as added Feb. 17, 1936, ch. 75, 49 Stat.

1140; May 14, 1940, ch. 189, title IV, 54 Stat. 210; June 28, 1941,

ch. 258, title IV, 55 Stat. 301; July 2, 1942, ch. 472, title IV,

56 Stat. 504).

This section consolidates provisions of sections 5b and 128 of

title 28, U.S.C., 1940 ed., relating to appointment of law clerks

for district judges.

Words in section 128 of title 28, U.S.C., 1940 ed., "but there

shall not be appointed more than thirty-five of such law clerks

during the first fiscal year of the enactment of this section" were

omitted as executed and obsolete. Words "Thereafter such number in

excess of thirty-five per year shall be limited by necessity of

each case as hereinabove provided" were also deleted as superseded

by section 5b of said title and obsolete. The Director of the

Administrative Office has expressed such views. Chief judge of the

circuit was substituted for senior circuit judge to conform to

section 44 of this title.

Provisions of section 128 of title 28, U.S.C., 1940 ed., relating

to salary, or compensation of such clerks are incorporated in

section 604 of this title. (See reviser's note under that section.)

The provisions in section 5b of title 28, U.S.C., 1940 ed., that

district judges shall not appoint more than three law clerks in any

one circuit was not repeated in the Judiciary Appropriation Acts,

1944, 1945, and 1946, 57 Stat. 242, 58 Stat. 357, 59 Stat. 196, ch.

129. The Director of the Administrative Office for United States

Courts advises that as a matter of fact, more than three law clerks

are serving district judges in several of the circuits at the

present time. Consequently the limitation is omitted from this

section.

The provision for appointment of secretaries is new. Existing law

fixes compensation of secretaries but makes no provision for their

appointment. (See section 604 of this title and reviser's note

thereunder.)

Minor changes were made in phraseology.

SENATE REVISION AMENDMENT

As finally enacted, sections 374c and 374d of Title 28, U.S.C.,

1946 ed., which were derived from act July 23, 1947, ch. 300, Secs.

1, 2, 61 Stat. 409, were an additional source of this section.

Hence, by Senate amendment, the section was changed to conform with

such sections, and such act was included in the schedule of

repeals. See 80th Congress Senate Report No. 1559.

AMENDMENTS

1988 - Pub. L. 100-702 inserted at end "A law clerk appointed

under this section shall be exempt from the provisions of

subchapter I of chapter 63 of title 5, unless specifically included

by the appointing judge or by local rule of court."

1959 - Pub. L. 86-221 substituted provision permitting district

judges to appoint necessary law clerks and secretaries subject to

aggregate salary limitations for provisions permitting a district

judge to appoint a secretary and also a law clerk upon

certification of necessity by the chief judge of the circuit and

permitting the chief judge of a district court having five or more

district judges to appoint an assistant secretary.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 775 of this title.

-End-

-CITE-

28 USC Sec. 753 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 49 - DISTRICT COURTS

-HEAD-

Sec. 753. Reporters

-STATUTE-

(a) Each district court of the United States, the United States

District Court for the District of the Canal Zone, the District

Court of Guam, and the District Court of the Virgin Islands shall

appoint one or more court reporters.

The number of reporters shall be determined by the Judicial

Conference of the United States.

The qualifications of such reporters shall be determined by

standards formulated by the Judicial Conference. Each reporter

shall take an oath faithfully to perform the duties of his office.

Each such court, with the approval of the Director of the

Administrative Office of the United States Courts, may appoint

additional reporters for temporary service not exceeding three

months, when there is more reporting work in the district than can

be performed promptly by the authorized number of reporters and the

urgency is so great as to render it impracticable to obtain the

approval of the Judicial Conference.

If any such court and the Judicial Conference are of the opinion

that it is in the public interest that the duties of reporter

should be combined with those of any other employee of the court,

the Judicial Conference may authorize such a combination and fix

the salary for the performance of the duties combined.

(b) Each session of the court and every other proceeding

designated by rule or order of the court or by one of the judges

shall be recorded verbatim by shorthand, mechanical means,

electronic sound recording, or any other method, subject to

regulations promulgated by the Judicial Conference and subject to

the discretion and approval of the judge. The regulations

promulgated pursuant to the preceding sentence shall prescribe the

types of electronic sound recording or other means which may be

used. Proceedings to be recorded under this section include (1) all

proceedings in criminal cases had in open court; (2) all

proceedings in other cases had in open court unless the parties

with the approval of the judge shall agree specifically to the

contrary; and (3) such other proceedings as a judge of the court

may direct or as may be required by rule or order of court as (!1)

may be requested by any party to the proceeding.

The reporter or other individual designated to produce the record

shall attach his official certificate to the original shorthand

notes or other original records so taken and promptly file them

with the clerk who shall preserve them in the public records of the

court for not less than ten years.

The reporter or other individual designated to produce the record

shall transcribe and certify such parts of the record of

proceedings as may be required by any rule or order of court,

including all arraignments, pleas, and proceedings in connection

with the imposition of sentence in criminal cases unless they have

been recorded by electronic sound recording as provided in this

subsection and the original records so taken have been certified by

him and filed with the clerk as provided in this subsection. He

shall also transcribe and certify such other parts of the record of

proceedings as may be required by rule or order of court. Upon the

request of any party to any proceeding which has been so recorded

who has agreed to pay the fee therefor, or of a judge of the court,

the reporter or other individual designated to produce the record

shall promptly transcribe the original records of the requested

parts of the proceedings and attach to the transcript his official

certificate, and deliver the same to the party or judge making the

request.

The reporter or other designated individual shall promptly

deliver to the clerk for the records of the court a certified copy

of any transcript so made.

The transcript in any case certified by the reporter or other

individual designated to produce the record shall be deemed prima

facie a correct statement of the testimony taken and proceedings

had. No transcripts of the proceedings of the court shall be

considered as official except those made from the records certified

by the reporter or other individual designated to produce the

record.

The original notes or other original records and the copy of the

transcript in the office of the clerk shall be open during office

hours to inspection by any person without charge.

(c) The reporters shall be subject to the supervision of the

appointing court and the Judicial Conference in the performance of

their duties, including dealings with parties requesting

transcripts.

(d) The Judicial Conference shall prescribe records which shall

be maintained and reports which shall be filed by the reporters.

Such records shall be inspected and audited in the same manner as

the records and accounts of clerks of the district courts, and may

include records showing:

(1) the quantity of transcripts prepared;

(2) the fees charged and the fees collected for transcripts;

(3) any expenses incurred by the reporters in connection with

transcripts;

(4) the amount of time the reporters are in attendance upon the

courts for the purpose of recording proceedings; and

(5) such other information as the Judicial Conference may

require.

(e) Each reporter shall receive an annual salary to be fixed from

time to time by the Judicial Conference of the United States. For

the purposes of subchapter III of chapter 83 of title 5 and chapter

84 of such title, a reporter shall be considered a full-time

employee during any pay period for which a reporter receives a

salary at the annual salary rate fixed for a full-time reporter

under the preceding sentence. All supplies shall be furnished by

the reporter at his own expense.

(f) Each reporter may charge and collect fees for transcripts

requested by the parties, including the United States, at rates

prescribed by the court subject to the approval of the Judicial

Conference. He shall not charge a fee for any copy of a transcript

delivered to the clerk for the records of court. Fees for

transcripts furnished in criminal proceedings to persons proceeding

under the Criminal Justice Act (18 U.S.C. 3006A), or in habeas

corpus proceedings to persons allowed to sue, defend, or appeal in

forma pauperis, shall be paid by the United States out of moneys

appropriated for those purposes. Fees for transcripts furnished in

proceedings brought under section 2255 of this title to persons

permitted to sue or appeal in forma pauperis shall be paid by the

United States out of money appropriated for that purpose if the

trial judge or a circuit judge certifies that the suit or appeal is

not frivolous and that the transcript is needed to decide the issue

presented by the suit or appeal. Fees for transcripts furnished in

other proceedings to persons permitted to appeal in forma pauperis

shall also be paid by the United States if the trial judge or a

circuit judge certifies that the appeal is not frivolous (but

presents a substantial question). The reporter may require any

party requesting a transcript to prepay the estimated fee in

advance except as to transcripts that are to be paid for by the

United States.

(g) If, upon the advice of the chief judge of any district court

within the circuit, the judicial council of any circuit determines

that the number of court reporters provided such district court

pursuant to subsection (a) of this section is insufficient to meet

temporary demands and needs and that the services of additional

court reporters for such district court should be provided the

judges of such district court (including the senior judges thereof

when such senior judges are performing substantial judicial

services for such court) on a contract basis, rather than by

appointment of court reporters as otherwise provided in this

section, and such judicial council notifies the Director of the

Administrative Office, in writing, of such determination, the

Director of the Administrative Office is authorized to and shall

contract, without regard to section 3709 of the Revised Statutes of

the United States, as amended (41 U.S.C. 5), with any suitable

person, firm, association, or corporation for the providing of

court reporters to serve such district court under such terms and

conditions as the Director of the Administrative Office finds,

after consultation with the chief judge of the district court, will

best serve the needs of such district court.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 921; Oct. 31, 1951, ch. 655, Sec.

46, 65 Stat. 726; June 28, 1955, ch. 189, Sec. 3(c), 69 Stat. 176;

Pub. L. 85-462, Sec. 3(c), June 20, 1958, 72 Stat. 207; Pub. L.

85-508, Sec. 12(e), July 7, 1958, 72 Stat. 348; Pub. L. 86-568,

title I, Sec. 116(c), July 1, 1960, 74 Stat. 303; Pub. L. 89-163,

Sept. 2, 1965, 79 Stat. 619; Pub. L. 89-167, Sept. 2, 1965, 79

Stat. 647; Pub. L. 91-272, Sec. 14, June 2, 1970, 84 Stat. 298;

Pub. L. 91-545, Dec. 11, 1970, 84 Stat. 1412; Pub. L. 97-164, title

IV, Sec. 401(a), Apr. 2, 1982, 96 Stat. 56; Pub. L. 104-317, title

III, Sec. 305, Oct. 19, 1996, 110 Stat. 3852.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 9a(a), (b), (c), (d),

and section 644 of title 48, U.S.C., 1940 ed., Territories and

Insular Possessions (Apr. 30, 1900, ch. 339, Sec. 86, 31 Stat. 158;

Mar. 3, 1909, ch. 269, Sec. 1, 35 Stat. 838; Mar. 3, 1911, ch. 231,

Sec. 5a, as added Jan. 20, 1944, ch. 3, Sec. 1(a), (b), (c), (d),

58 Stat. 5, 6, 7; Mar. 4, 1921, ch. 161, Sec. 1, 41 Stat. 1412;

July 9, 1921, ch. 42, Sec. 313, 42 Stat. 119; June 1, 1922, ch.

204, title II, 42 Stat. 614, 616; Jan. 3, 1923, ch. 21, title II,

52 Stat. 1084; Feb. 12, 1925, ch. 220, 43 Stat. 890).

Section consolidates section 9a(a), (b), (c), (d) of title 28,

U.S.C., 1940 ed., and part of section 644 of title 48, U.S.C., 1940

ed., relating to reporters.

The provisions of section 644 of title 48, U.S.C., 1940 ed.,

Territories and Insular Possessions, relating to clerks and deputy

clerks, were incorporated in section 751 of this title. The

provision of said section 644 fixing the salary of the reporter at

$1,200 per annum was omitted as inconsistent with this section.

Certain other provisions of said section 644 were also omitted.

(See reviser's note under section 751 of this title.)

Words "including the District Court of the United States for the

District of Columbia, and the district courts in the territories

and insular possessions" were omitted as covered by "Each district

court in the United States, the District Court for the Territory of

Alaska, the United States District Court for the District of the

Canal Zone, and the District Court of the Virgin Islands." (See

reviser's note under section 88 of this title.) The courts in

Hawaii and Puerto Rico are district courts of the United States

under definitive section 451 of this title.

Words "for the performance of the duties combined" were

substituted for "therefor, as provided by subsection (c) hereof,

any provision of law to the contrary notwithstanding".

Subsections (e) and (f) of this section incorporate part of the

provisions of subsection 9a(c) of title 28, U.S.C., 1940 ed. The

other provisions of said subsection are incorporated in sections

550 [see Prior Provisions note under that section] and 1915 of this

title.

The last paragraph of subsection (b) of this section was revised

to conform with the language of section 556 of title 28, U.S.C.,

1940 ed., providing for inspection of books in the offices of

clerks of district courts. Such section 556 will be omitted,

however, as more properly coverable by rule of court.

-REFTEXT-

REFERENCES IN TEXT

The Criminal Justice Act, referred to in subsec. (f), probably

means Pub. L. 88-455, Aug. 20, 1964, 78 Stat. 552, as amended,

known as the Criminal Justice Act of 1964, which is classified to

section 3006A of Title 18, Crimes and Criminal Procedure, and

provisions set out as notes under section 3006A of Title 18.

-MISC2-

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-317 inserted "For the purposes of

subchapter III of chapter 83 of title 5 and chapter 84 of such

title, a reporter shall be considered a full-time employee during

any pay period for which a reporter receives a salary at the annual

salary rate fixed for a full-time reporter under the preceding

sentence." after first sentence.

1982 - Subsec. (b). Pub. L. 97-164, amended subsec. (b)

generally, substituting provisions permitting proceedings to be

recorded using electronic sound recording, or any other method,

subject to the approval and authorization of the Judicial

Conference and of the presiding judge, for provisions requiring

that an official court reporter attend each session of the court

and every other proceeding designated by rule or order of the court

or one of the judges.

1970 - Subsec. (e). Pub. L. 91-272, Sec. 14(1), struck out

provisions limiting to the $3,000 to $7,630 range the annual salary

paid to reporters.

Subsec. (f). Pub. L. 91-545 restricted authorization of United

States to pay fees for transcripts furnished in criminal

proceedings to transcripts furnished to persons proceeding under

the Criminal Justice Act.

Subsec. (g). Pub. L. 91-272, Sec. 14(2), added subsec. (g)

1965 - Subsec. (b). Pub. L. 89-163 made provision for recording

of proceedings in United States District Courts by means of

electronic sound recording devices, made subject to the Judicial

Conference the types of electronic sound recording means used by

the reporters, made electronic sound recordings of proceedings on

arraignment, plea, and sentence in a criminal case when properly

certified by the court reporter admissible evidence to establish

the record of that part of the proceedings, required the

transcribing of arraignments in addition to the criminal

proceedings already required to be transcribed, and waived the

transcribing requirement for arraignments, pleas, and sentencing

proceedings when such proceedings have been electronically recorded

and such records certified and filed as provided in this

subsection.

Subsec. (f). Pub. L. 89-167 provided for payment by United States

of fees for transcripts furnished in proceedings brought under

section 2255 of this title to persons permitted to sue or appeal in

forma pauperis if trial judge or a circuit judge certifies that the

suit or appeal is not frivolous and that the transcript is needed

to decide the issue presented by the suit or appeal.

1960 - Subsec. (e). Pub. L. 86-568 increased maximum annual

salary from $7,095 to $7,630.

1958 - Subsec. (a). Pub. L. 85-508 struck out provisions which

related to District Court for Territory of Alaska. See section 81A

of this title which establishes a United States District Court for

State of Alaska.

Subsec. (e). Pub. L. 85-462 increased maximum annual salary from

$6,450 to $7,095.

1955 - Subsec. (e). Act June 28, 1955, increased maximum annual

salary from $6,000 to $6,450.

1951 - Subsec. (a). Act Oct. 31, 1951, inserted reference to

District Court of Guam in first par.

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 1960 AMENDMENT

Amendment by Pub. L. 86-568 effective on the first day of the

first pay period which begins on or after July 1, 1960, see section

122 of Pub. L. 86-568.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-508 effective Jan. 3, 1959, on admission

of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959,

24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of

Pub. L. 85-508, see Pub. L. 85-508, set out as a note preceding

section 21 of Title 48, Territories and Insular Possessions.

SAVINGS PROVISION

Section 401(b) of Pub. L. 97-164 provided that: "The regulations

promulgated by the Judicial Conference pursuant to subsection (b)

of section 753 of title 28, as amended by subsection (a) of this

section, shall not take effect before one year after the effective

date of this Act [Oct. 1, 1982]. During the one-year period after

the date of the enactment of this Act [Apr. 2, 1982], the Judicial

Conference shall experiment with the different methods of recording

court proceedings. Prior to the effective date of such regulations,

the law and regulations in effect the day before the date of

enactment of this Act shall remain in full force and effect."

-TRANS-

TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE

CANAL ZONE

For termination of the United States District Court for the

District of the Canal Zone at end of the "transition period", being

the 30-month period beginning Oct. 1, 1979, and ending midnight

Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal

Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96-70,

title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to

sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign

Relations and Intercourse.

-MISC3-

SALARY LIMITATION FOR COURT REPORTERS

1967 - Pub. L. 90-206, title II, Sec. 213(c), Dec. 16, 1967, 81

Stat. 635, inserted a new salary limitation for court reporters

effective the first pay period which begins on or after Oct. 1,

1967, which reflected the respective applicable pay increases

provided by section 202(a) of Pub. L. 90-206 in corresponding rates

of compensation for particular officers and employees of the

government.

1966 - Pub. L. 89-504, title II, Sec. 202(c), July 18, 1966, 80

Stat. 294, inserted a new salary limitation for court reporters

effective the first pay period which begins on or after July 1,

1966, which reflected the respective applicable pay increases

provided by section 102(a) of title I of Pub. L. 89-504 in

corresponding rates of compensation for particular officers and

employees of the government.

1965 - Pub. L. 89-301, Sec. 12(c), Oct. 29, 1965, 79 Stat. 1122,

inserted a new salary limitation for court reporters which

reflected the applicable pay increases provided by section 2(a) of

Pub. L. 89-301 in corresponding rates of compensation for

particular government officers and employees.

1964 - Pub. L. 88-426, title IV, Sec. 402(c), Aug. 14, 1964, 78

Stat. 434, inserted a new salary limitation for court reporters

which reflected the applicable pay increases provided by title I of

Pub. L. 88-426 in corresponding rates of compensation for

particular government officers and employees.

1962 - Pub. L. 87-793, title VI, Sec. 1004(c), Oct. 11, 1962, 76

Stat. 866, inserted a new salary limitation for court reporters

effective for the pay period beginning on or after Oct. 11, 1962,

and ending immediately prior to the first pay period beginning on

or after Jan. 1, 1964, and provided for a second salary limitation

effective for the first pay period beginning on or after Jan. 1,

1964, which reflected applicable pay increases provided by title II

of Pub. L. 87-793 in corresponding rates of compensation for

particular government officers and employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 775 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "or as".

-End-

-CITE-

28 USC Sec. 754 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 49 - DISTRICT COURTS

-HEAD-

Sec. 754. Receivers of property in different districts

-STATUTE-

A receiver appointed in any civil action or proceeding involving

property, real, personal or mixed, situated in different districts

shall, upon giving bond as required by the court, be vested with

complete jurisdiction and control of all such property with the

right to take possession thereof.

He shall have capacity to sue in any district without ancillary

appointment, and may be sued with respect thereto as provided in

section 959 of this title.

Such receiver shall, within ten days after the entry of his order

of appointment, file copies of the complaint and such order of

appointment in the district court for each district in which

property is located. The failure to file such copies in any

district shall divest the receiver of jurisdiction and control over

all such property in that district.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 922.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 117 (Mar. 3, 1911, ch.

231, Sec. 56, 36 Stat. 1102).

Word "action" was substituted for "suit", in view of Rule 2 of

the Federal Rules of Civil Procedure.

Section 117 of title 28, U.S.C., 1940 ed., applied to land or

other property of a fixed character lying in different States

within the same circuit. Words "property, real, personal or mixed,

situated in different districts", were inserted to broaden the

scope of this section to cover all property in different districts

without respect to situs "within different states within same

judicial circuit".

The revised section permits the receiver appointed by any

district court to control all property of the defendant in whatever

district the property is situated. The provisions of section 117 of

title 28, U.S.C., 1940 ed., for divesting the receiver's

jurisdiction and control of property in other districts upon

disapproval by the circuit court of appeals or a judge thereof of

the circuit embracing the district of appointment was omitted as

unnecessary in view of sections 1292 and 2107 of this title. Said

section 1292 provides for review of the order of appointment and

the directions of the reviewing court will control the receiver.

Provisions of section 117 of title 28, U.S.C., 1940 ed., relating

to process are the basis of section 1692 of this title.

Under section 117 of title 28, U.S.C., 1940 ed., failure to file

copies of the complaint and order of appointment in any district

where part of the property was located divested the receiver of

jurisdiction over all the property except that part located in the

State where the suit was brought. This has been changed by limiting

the exception to the district where the copies are not filed.

Obviously the election of the receiver not to take control of

property in one district ought not to preclude his control in those

districts in which he did file such copies.

Changes were made in phraseology.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 1956.

-End-

-CITE-

28 USC Sec. 755 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 49 - DISTRICT COURTS

-HEAD-

Sec. 755. Criers and bailiffs

-STATUTE-

Each district judge may appoint a crier for the court in which he

presides who shall perform also the duties of bailiff and

messenger. A crier may perform also the duties of law clerk if he

is qualified to do so and the district judge who appointed him

designates him to serve as a crier-law clerk. A crier designated to

serve as a crier-law clerk shall receive the compensation of a law

clerk, but only so much of that compensation as is in excess of the

compensation to which he would be entitled as a crier shall be

deemed the compensation of a law clerk for the purposes of any

limitation imposed by law upon the aggregate salaries of law clerks

and secretaries appointed by a district judge.

Each United States marshal may employ, with the approval of the

judge, not exceeding four bailiffs as the district judge may

determine, to attend the court, maintain order, wait upon the grand

and petit juries, and perform such other necessary duties as the

judge or marshal may direct.

If the position of crier or bailiff is to be filled by the

appointment of a person who has not previously served as either

crier or bailiff, preference in the appointment shall be given to a

person who has served in the military or naval forces of the United

States in time of war and who has been honorably discharged

therefrom, if in the opinion of the appointing officer such person

is as well qualified as any other available person to perform to

the satisfaction of the appointing officer all the duties of the

position.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 923; Pub. L. 89-281, Oct. 21,

1965, 79 Stat. 1012; Pub. L. 100-690, title VII, Sec. 7608(b), Nov.

18, 1988, 102 Stat. 4515.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 9, 595, 596 (R.S. Sec.

715; Mar. 3, 1905, ch. 1487, 33 Stat. 1259; Mar. 3, 1911, ch. 231,

Sec. 5, 36 Stat. 1088; June 1, 1922, ch. 204, title II, 42 Stat.

617; Jan. 3, 1923, ch. 21, title II, 42 Stat. 1084; May 28, 1924,

ch. 204, title II, 43 Stat. 221; May 14, 1940, ch. 189, title III,

54 Stat. 204; June 28, 1941, ch. 258, title III, 55 Stat. 295; July

2, 1942, ch. 472, title III, 56 Stat. 486; July 1, 1943, ch. 182,

title II, 57 Stat. 286; June 28, 1944, ch. 294, title II, 58 Stat.

410; Dec. 7, 1944, ch. 522, Secs. 1, 2, 58 Stat. 796; May 21, 1945,

ch. 129, title II, 59 Stat. 184).

Section consolidates parts of sections 9, 595, and 596 of title

28, U.S.C., 1940 ed. The other provisions of such sections appear

in section 604 of this title.

Compensation of criers and other court attendants, except

bailiffs under section 604 of this title, will be fixed by the

Director of the Administrative Office of the United States Courts.

AMENDMENTS

1988 - Pub. L. 100-690 struck out third par. which provided each

bailiff an allowance of $6 a day for services to be paid only for

actual attendance when court was in session or judge or jury was

present.

1965 - Pub. L. 89-281 inserted provisions to first par.

permitting a crier to perform duties of law clerk if he is

qualified to do so and district judge who appointed him designates

him to serve as a crier-law clerk, specifying that a crier-law

clerk shall receive compensation of a law clerk, and requiring that

only so much of that compensation as is in excess of compensation

to which he would be entitled as a crier shall be deemed

compensation of a law clerk for purposes of any limitation imposed

by law upon aggregate salaries of law clerks and secretaries

appointed by a district judge.

-End-

-CITE-

28 USC Sec. 756 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

CHAPTER 49 - DISTRICT COURTS

-HEAD-

Sec. 756. Power to appoint

-STATUTE-

Whenever a majority of the district judges of any district court

cannot agree upon the appointment of any officer of such court, the

chief judge shall make such appointment.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 923.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 375 (Mar. 3, 1911, ch.

231, Sec. 260, 36 Stat. 1161; Feb. 25, 1919, ch.29, Sec. 6, 40

Stat. 1157; Mar. 1, 1929, ch. 419, 45 Stat. 1422; May 11, 1944, ch.

192, Secs. 1, 3, 58 Stat. 218, 219).

Only part of section 375 of title 28, U.S.C., 1940 ed., appears

in this section. The remainder is incorporated in sections 136, 294

and 371 of this title.

The term "chief judge" was substituted for "senior district

judge". (See reviser's note under section 136 of this title.)

Minor changes in phraseology were made.

-End-

-CITE-

28 USC [CHAPTER 50 - OMITTED] 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART III - COURT OFFICERS AND EMPLOYEES

[CHAPTER 50 - OMITTED]

-HEAD-

[CHAPTER 50 - OMITTED]

-COD-

CODIFICATION

Chapter 50, consisting of sections 771 to 775, which was added by

Pub. L. 95-598, title II, Sec. 233(a), Nov. 6, 1978, 92 Stat. 2665,

and which related to bankruptcy courts, did not become effective

pursuant to section 402(b) of Pub. L. 95-598, as amended, set out

as an Effective Date note preceding section 101 of Title 11,

Bankruptcy.

-End-