§ 113. — North Carolina.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC113]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 5--DISTRICT COURTS
Sec. 113. North Carolina
North Carolina is divided into three judicial districts to be known
as the Eastern, Middle, and Western Districts of North Carolina.
Eastern District
(a) The Eastern District comprises the counties of Beaufort, Bertie,
Bladen, Brunswick, Camden, Carteret, Chowan, Columbus, Craven,
Cumberland, Currituck, Dare, Duplin, Edgecombe, Franklin, Gates,
Granville, Greene, Halifax, Harnett, Hertford, Hyde, Johnston, Jones,
Lenoir, Martin, Nash, New Hanover, Northampton, Onslow, Pamlico,
Pasquotank, Pender, Perquimans, Pitt, Robeson, Sampson, Tyrrell, Vance,
Wake, Warren, Washington, Wayne, and Wilson and that portion of Durham
County encompassing the Federal Correctional Institution, Butner, North
Carolina.
Court for the Eastern District shall be held at Elizabeth City,
Fayetteville, Greenville, New Bern, Raleigh, Wilmington,
and Wilson.
Middle District
(b) The Middle District comprises the counties of Alamance,
Cabarrus, Caswell, Chatham, Davidson, Davie, Durham (excluding that
portion of Durham County encompassing the Federal Correctional
Institution, Butner, North Carolina), Forsythe, Guilford, Hoke, Lee,
Montgomery, Moore, Orange, Person, Randolph, Richmond, Rockingham,
Rowan, Scotland, Stanly, Stokes, Surry, and Yadkin.
Court for the Middle District shall be held at Durham,
Greensboro, and Winston-Salem.
Western District
(c) The Western District comprises the counties of Alexander,
Alleghany, Anson, Ashe, Avery, Buncombe, Burke, Caldwell, Catawba,
Cherokee, Clay, Cleveland, Gaston, Graham, Haywood, Henderson, Iredell,
Jackson, Lincoln, McDowell, Macon, Madison, Mecklenburg, Mitchell, Polk,
Rutherford, Swain, Transylvania, Union, Watauga, Wilkes, and Yancey.
Court for the Western District shall be held at Asheville,
Bryson City, Charlotte, Shelby, and Statesville.
(June 25, 1948, ch. 646, 62 Stat. 886; Pub. L. 89-319, Nov. 2, 1965, 79
Stat. 1186; Pub. L. 96-462, Sec. 5(a)-(c), Oct. 15, 1980, 94 Stat. 2053,
2054; Pub. L. 102-272, Apr. 21, 1992, 106 Stat. 112.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 179 (Mar. 3, 1911, ch.
231, Sec. 98, 36 Stat. 1120; Oct. 7, 1914, ch. 318, 38 Stat. 728; Mar.
17, 1920, ch. 101, Sec. 1, 41 Stat. 531; June 7, 1924, ch. 359, Sec. 1,
43 Stat. 661; Dec. 24, 1924, ch. 18, 43 Stat. 721; June 12, 1926, ch.
566, 44 Stat. 734; June 22, 1926, ch. 645, 44 Stat. 758; June 22, 1926,
ch. 646, 44 Stat. 758; Mar. 2, 1927, ch. 276, 44 Stat. 1339; Apr. 25,
1928, ch. 432, 45 Stat. 457; May 10, 1928, ch. 516, 45 Stat. 495; Feb.
20, 1933, ch. 107, 47 Stat. 859; Feb. 28, 1933, ch. 133, 47 Stat. 1350;
June 28, 1935, ch. 330, Secs. 1, 2, 49 Stat. 429; June 24, 1936, ch.
744, 49 Stat. 1898; June 24, 1936, ch. 759, 49 Stat. 1910; Aug. 17,
1937, ch. 688, 50 Stat. 671).
References to civil and criminal terms at Raleigh were omitted as
more properly the subject of rule of court.
The following language at the end of section 179 of title 28,
U.S.C., 1940 ed., was omitted: ``There shall be a judge appointed for
the said middle district in the manner now provided by law who shall
receive the salary provided by law for the judges of the eastern and
western districts, and a district attorney, marshal, clerk, and other
officers in the manner and at the salary now provided by law. All causes
in the said middle district in equity, bankruptcy, or admiralty, in
which orders and decrees have already been made and which are now in
process of trial, shall continue and remain subject to the jurisdiction
of the judge of that district by whom the same shall have been made and
before whom the same shall have been partially tried and determined.''
The first sentence is superfluous in view of other sections of this
title governing the appointment and compensation of the judges, clerks
and marshals of the district courts and of district attorneys. The last
sentence is obsolete, having been enacted in 1927, and being limited to
cases affected by the creation of the middle district.
Provisions for maintenance of offices by the clerks at certain
cities were omitted. (See Reviser's Note under sections 452 and 751 of
this title.)
Provisions for furnishing rooms and accommodations at Durham,
Rockingham, and Winston-Salem were omitted as obsolete upon advice of
the Director of the Administrative Office of the United States Courts
that Federal accommodations are now available in such places.
The provisions respecting court accommodations at Bryson City and
Shelby were omitted as covered by section 142 of this title.
Changes in arrangement and phraseology were made.
Amendments
1992--Subsec. (a). Pub. L. 102-272, which directed the amendment of
subsec. (a) by striking out ``Clinton,'' and ``Washington,'' and
inserting ``Greenville,'' after ``Fayetteville,'', was executed to the
second sentence to reflect the probable intent of Congress.
1980--Subsec. (a). Pub. L. 96-462, Sec. 5(a), added that portion of
Durham County encompassing the Federal Correctional Institution, Butner,
North Carolina to the Eastern District.
Subsec. (b). Pub. L. 96-462, Sec. 5(b), struck out references to
Alleghany, Ashe, Watauga, and Wilkes counties in the list of counties
comprising the Middle District; inserted ``(excluding that portion of
Durham County encompassing the Federal Correctional Institution, Butner,
North Carolina)'' in first sentence as the probable intent of Congress;
and struck out Rockingham, Salisbury, and Wilkesboro as places for
holding court.
Subsec. (c). Pub. L. 96-462, Sec. 5(c), added Alleghany, Ashe,
Watauga, and Wilkes counties to the Western District.
1965--Pub. L. 89-319 provided for holding court at Clinton.
Effective Date of 1980 Amendment; Savings Provisions
Amendment by Pub. L. 96-462 effective Oct. 1, 1981, but not to
affect the composition or preclude the service of any grand or petit
juror summoned, empaneled, or actually serving in any judicial district
on Oct. 1, 1981, see section 7 of Pub. L. 96-462, set out as a note
under section 84 of this title.
Section 5(d) of Pub. L. 96-462 provided that: ``The amendments made
by this section [amending this section] shall not apply to any action
commenced before the effective date of such amendments [Oct. 1, 1981]
and pending in any judicial district of North Carolina on such date.''
