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

Summary

Each judicial district must have a district court called the United States District Court for that district. The court is made up of the district judge or judges who are actively serving. Other judges or justices who are properly assigned to the district can also sit as judges there. Unless a law, court rule, or court order says otherwise, one judge can handle any case alone and may hold regular or special court sessions even while other judges hold their own sessions.

Title 28, §132

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district.

(b)Each district court shall consist of the district judge or judges for the district in regular active service. Justices or judges designated or assigned shall be competent to sit as judges of the court.

(c)Except as otherwise provided by law, or rule or order of court, the judicial power of a district court with respect to any action, suit or proceeding may be exercised by a single judge, who may preside alone and hold a regular or special session of court at the same time other sessions are held by other judges.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 1, and section 641 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions (Apr. 30, 1900, ch. 339, § 86, 31 Stat. 158; Mar. 3, 1909, ch. 269, § 1, 35 Stat. 838; Mar. 3, 1911, ch. 231, § 1, 36 Stat. 1087;

July 30, 1914, ch. 216, 38 Stat. 580;

July 19, 1921, ch. 42, § 313, 42 Stat. 119; Feb. 12, 1925, ch. 220, 43 Stat. 890; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 19). Section consolidates section 1 of title 28, U.S.C., 1940 ed., and section 641 of title 48, U.S.C., 1940 ed., with changes in phraseology necessary to effect the consolidation. Subsection (c) is derived from section 641 of title 48, U.S.C., 1940 ed., which applied only to the Territory of Hawaii. The revised section, by extending it to all districts, merely recognizes established practice. Other portions of section 1 of title 28, U.S.C., 1940 ed., are incorporated in section 133 and 134 of this title. The remainder of section 641 of title 48, U.S.C., 1940 ed., is incorporated in section 91 and 133 of this title.

Editorial Notes

Amendments

1963—Subsec. (b). Pub. L. 88–176 inserted “regular” before “active service”.

Statutory Notes and Related Subsidiaries

Continuation of Organization of CourtAct

June 25, 1948, ch. 646, § 2(b), 62 Stat. 985, provided in part that the provisions of this title as set out in section 1 of act

June 25, 1948, with respect to the organization of the court, shall be construed as a continuation of existing law, and the tenure of the judges, officers, and employees thereof and of the United States attorneys and marshals and their deputies and assistants, in office on Sept. 1, 1948, shall not be affected by its enactment, but each of them shall continue to serve in the same capacity under the appropriate provisions of this title pursuant to his prior appointment.

§132 Creation and Composition of District Courts