§130 Wisconsin

Based on title 28, U.S.C., 1940 ed., § 195 (Mar. 3, 1911, ch. 231, § 114, 36 Stat. 1129; July 24, 1935, ch. 413, 49 Stat. 495). Provisions for keeping the courts and their offices open at all times were omitted as covered by section 452 of this title. Provisions for maintenance of offices by the clerk and marshal, and for the appointment and residence of a deputy marshal for Superior, were omitted as covered by section 541 [see 561], 542 [see 561], and 751 of this title. Words “All causes and proceedings instituted in the court at Superior shall be tried therein, unless by consent of the parties, or upon the order of the court, they are transferred to another place for trial,” were omitted as unnecessary. Such provision, as to civil cases, is covered by section 1404 of this title, and, as to criminal cases, is rendered unnecessary because of inherent power of the court and Rules 18–20 of the Federal Rules of Criminal Procedure. Provisions for the return of process, including criminal warrants, at Superior and other places in the western district and for the keeping of records in the clerk’s office at Superior, were omitted, since such matters can be regulated more appropriately by court rule or order. (See Federal Rules of Civil Procedure, Rule 4, and Federal Rules of Criminal Procedure, Rule 4(g).) Changes in arrangement and phraseology were made.

1962—Subsec. (a). Pub. L. 87–573 inserted reference to Menominee county.

Designation of Judge to Hold Court, Eastern District Pub. L. 106–553, § 1(a)(2) [title III, § 305(c)], Dec. 21, 2000, 114 Stat. 2762, 2762A–85, provided that: “The chief judge of the eastern district of Wisconsin shall designate 1 judge who shall hold court for such district in Green Bay, Wisconsin.”