US (United States) Code. Title 28. Part V: Procedure. Chapter 113: Process

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
  • 8 páginas
publicidad

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28 USC CHAPTER 113 - PROCESS 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 113 - PROCESS

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CHAPTER 113 - PROCESS

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Sec.

1691. Seal and teste of process.

1692. Process and orders affecting property in different

districts.

1693. Place of arrest in civil action.

1694. Patent infringement action.

1695. Stockholder's derivative action.

1696. Service in foreign and international litigation.

1697. Service in multiparty, multiforum actions.

AMENDMENTS

2002 - Pub. L. 107-273, div. C, title I, Sec. 11020(b)(4)(A)(ii),

Nov. 2, 2002, 116 Stat. 1828, added item 1697.

1964 - Pub. L. 88-619, Sec. 4(b), Oct. 3, 1964, 78 Stat. 996,

added item 1696.

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28 USC Sec. 1691 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 113 - PROCESS

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Sec. 1691. Seal and teste of process

-STATUTE-

All writs and process issuing from a court of the United States

shall be under the seal of the court and signed by the clerk

thereof.

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(June 25, 1948, ch. 646, 62 Stat. 945.)

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HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 721 (R.S. Sec. 911;

Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167).

Provisions as to teste of process issuing from the district

courts were omitted as superseded by Rule 4 (b) of the Federal

Rules of Civil Procedure. Provision for teste of the Chief Justice

of writs and process was omitted as unnecessary.

A provision requiring the United States to bear the expense of

providing seals was omitted as unnecessary and obsolete.

Changes were made in phraseology.

IMMUNITY FROM SEIZURE UNDER JUDICIAL PROCESS OF CULTURAL OBJECTS

IMPORTED FOR TEMPORARY EXHIBITION OR DISPLAY

Presidential determination of cultural significance of objects

and exhibition or display thereof in the national interest, see

section 2459 of Title 22, Foreign Relations and Intercourse.

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28 USC Sec. 1692 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 113 - PROCESS

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Sec. 1692. Process and orders affecting property in different

districts

-STATUTE-

In proceedings in a district court where a receiver is appointed

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

districts, process may issue and be executed in any such district

as if the property lay wholly within one district, but orders

affecting the property shall be entered of record in each of such

districts.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 945.)

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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).

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

jurisdiction and control of a receiver of property in several

districts are the basis of section 754 of this title.

For explanation of revision of section 117 of title 28, U.S.C.,

1940 ed., and its extension to include property, not only in the

same judicial circuit, but in any judicial circuit. (See reviser's

note under section 754 of this title.)

Changes were made in phraseology.

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28 USC Sec. 1693 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 113 - PROCESS

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Sec. 1693. Place of arrest in civil action

-STATUTE-

Except as otherwise provided by Act of Congress, no person shall

be arrested in one district for trial in another in any civil

action in a district court.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 945.)

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HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 112 (Mar. 3, 1911, ch.

231, Sec. 51, 36 Stat. 1101; Sept. 19, 1922, ch. 345, 42 Stat. 849;

Mar. 4, 1925, ch. 526, Sec. 1, 43 Stat. 1264; Apr. 16, 1936, ch.

230, 49 Stat. 1213).

Venue provisions of section 112 of title 28, U.S.C., 1940 ed.,

appear in sections 1391 and 1401 of this title. Other provisions

are incorporated in section 1695 of this title.

The exception at the beginning of the section was substituted for

"Except as provided in sections 113-117 of this title."

Changes were made in phraseology.

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28 USC Sec. 1694 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 113 - PROCESS

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Sec. 1694. Patent infringement action

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In a patent infringement action commenced in a district where the

defendant is not a resident but has a regular and established place

of business, service of process, summons or subpoena upon such

defendant may be made upon his agent or agents conducting such

business.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 945.)

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HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 109 (Mar. 3, 1911, ch.

231, Sec. 48, 36 Stat. 1100).

Venue provisions of section 109 of title 28, U.S.C., 1940 ed.,

appear in section 1400 of this title.

Changes were made in phraseology.

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28 USC Sec. 1695 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 113 - PROCESS

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Sec. 1695. Stockholder's derivative action

-STATUTE-

Process in a stockholder's action in behalf of his corporation

may be served upon such corporation in any district where it is

organized or licensed to do business or is doing business.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 945.)

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HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 112 (Mar. 3, 1911, ch.

231, Sec. 51, 36 Stat. 1101; Sept. 19, 1922, ch. 345, 42 Stat. 849;

Mar. 4, 1925, ch. 526, Sec. 1, 43 Stat. 1264; Apr. 16, 1936, ch.

230, 49 Stat. 1213).

The phrase "is organized or licensed to do business or is doing

business" was substituted for the words "resides or is found," as

more specific and to conform to section 1391 of this title.

Venue provisions of section 112 of title 28, U.S.C., 1940 ed.,

appear in section 1391 and 1401 of this title. Other provisions are

incorporated in section 1693 of this title.

Changes were made in phraseology.

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28 USC Sec. 1696 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 113 - PROCESS

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Sec. 1696. Service in foreign and international litigation

-STATUTE-

(a) The district court of the district in which a person resides

or is found may order service upon him of any document issued in

connection with a proceeding in a foreign or international

tribunal. The order may be made pursuant to a letter rogatory

issued, or request made, by a foreign or international tribunal or

upon application of any interested person and shall direct the

manner of service. Service pursuant to this subsection does not, of

itself, require the recognition or enforcement in the United States

of a judgment, decree, or order rendered by a foreign or

international tribunal.

(b) This section does not preclude service of such a document

without an order of court.

-SOURCE-

(Added Pub. L. 88-619, Sec. 4(a), Oct. 3, 1964, 78 Stat. 995.)

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28 USC Sec. 1697 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 113 - PROCESS

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Sec. 1697. Service in multiparty, multiforum actions

-STATUTE-

When the jurisdiction of the district court is based in whole or

in part upon section 1369 of this title, process, other than

subpoenas, may be served at any place within the United States, or

anywhere outside the United States if otherwise permitted by law.

-SOURCE-

(Added Pub. L. 107-273, div. C, title I, Sec. 11020(b)(4)(A)(i),

Nov. 2, 2002, 116 Stat. 1828.)

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EFFECTIVE DATE

Section applicable to a civil action if the accident giving rise

to the cause of action occurred on or after the 90th day after Nov.

2, 2002, see section 11020(c) of Pub. L. 107-273, set out as a note

under section 1369 of this title.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1441 of this title.

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