§1657 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

Each U.S. court must decide the order of civil cases, but it must move faster for cases under chapter 153 or section 1826, for requests for temporary or preliminary court orders (injunctions), or for any case that shows good cause. "Good cause" means a constitutional or federal statutory right (including section 552 of title 5) would be at risk and the facts show the need for faster handling. The Judicial Conference of the United States can change the courts’ rules about case order to make them consistent across the federal circuits.

Title 28, §1657

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law, each court of the United States shall determine the order in which civil actions are heard and determined, except that the court shall expedite the consideration of any action brought under chapter 153 or section 1826 of this title, any action for temporary or preliminary injunctive relief, or any other action if good cause therefor is shown. For purposes of this subsection, “good cause” is shown if a right under the Constitution of the United States or a Federal Statute (including rights under section 552 of title 5) would be maintained in a factual context that indicates that a request for expedited consideration has merit.

(b)The Judicial Conference of the United States may modify the rules adopted by the courts to determine the order in which civil actions are heard and determined, in order to establish consistency among the judicial circuits.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 98–620, title IV, § 403, Nov. 8, 1984, 98 Stat. 3361, provided that: “The

Amendments

made by this subtitle [subtitle A (§§ 401–403) of title IV of Pub. L. 98–620, enacting this section, amending section 596, 636, 1364, 2284, and 2349 of this title, section 687 of Title 2, The Congress, section 552 of Title 5, Government Organization and Employees, section 8, 136d, 136h, 136n, 136w, 194, 1366, 1600, and 1601 of Title 7, Agriculture, section 1464 of Title 12, Banks and Banking, section 18a, 21, 45, 57a–1, 78k–1, 687a, 687c, 719h, 1415, 2003, and 2622 of Title 15, Commerce and Trade, section 1463a, 1910, 3117, and 3168 of Title 16, Conservation, section 1964 and 1966 of Title 18, Crimes and Criminal Procedure, section 346a and 348 of Title 21, Food and Drugs, section 618 of Title 22, Foreign Relations and Intercourse, section 640d–3 of Title 25, Indians, section 3310, 6110, 6363, 7609, 9010, and 9011 of Title 26, Internal Revenue Code, section 110, 160, 660, and 1303 of Title 29, Labor, section 816 of Title 30, Mineral Lands and Mining, section 2022 [now 4302] of Title 38, Veterans’ Benefits, section 3628 of Title 39, Postal Service, section 300j–9, 504, 6508, and 8514 of Title 42, The Public Health and Welfare, section 1062, 1349, 1652, and 2011 of Title 43, Public Lands, section 355, 745, 1018, and 1205 of Title 45, Railroads, section 402 of Title 47, Telecommunications, section 2305 of former Title 49, Transportation, section 792a and 3811 of Title 50, War and National Defense, section 1984 of the former Appendix to Title 50, and section 30109 and 30110 of Title 52, Voting and Elections, repealing section 1296 and 2647 of this title, section 28 of Title 15, and section 3614 of Title 42, and amending provisions set out as a note under section 2304 of Title 10, Armed Forces] shall not apply to cases pending on the date of the enactment of this subtitle [Nov. 8, 1984].”

§1657 Priority of civil actions