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§ 139. —  Times for holding regular sessions.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 28USC139]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART I--ORGANIZATION OF COURTS
 
                       CHAPTER 5--DISTRICT COURTS
 
Sec. 139. Times for holding regular sessions

    The times for commencing regular sessions of the district court for 
transacting judicial business at the places fixed by this chapter shall 
be determined by the rules or orders of the court. Such rules or orders 
may provide that at one or more of such places the court shall be in 
continuous session for such purposes on all business days throughout the 
year. At other places a session of the court shall continue for such 
purposes until terminated by order of final adjournment or by 
commencement of the next regular session at the same place.

(June 25, 1948, ch. 646, 62 Stat. 897; Pub. L. 88-139, Sec. 1, Oct. 16, 
1963, 77 Stat. 248.)


                      Historical and Revision Notes

    The purpose of this section is to remove all doubt as to whether the 
mere beginning of a new term at one place ends a prior term begun at 
another place. As revised, it conforms to a uniform course of judicial 
decisions. See U.S. v. Perlstein, 39 F.Supp. 965, 968 (D.C.N.J. 1941), 
and cases cited.


                               Amendments

    1963--Pub. L. 88-139 substituted provisions requiring the times for 
commencing regular sessions of the district court to be determined by 
the rules or orders of the court, authorizing such rules or orders to 
provide that at one or more of the places fixed by this chapter, the 
court shall be in continuous session on all business days throughout the 
year, and that at other places, a session continues until terminated by 
order of final adjournment or by commencement of the next regular 
session at the same place, for provisions that a term continues until 
terminated by order of final adjournment or by commencement of the next 
term at the same place, in the text, and ``Times for holding regular 
sessions'' for ``Term continued until terminated'' in section catchline.



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