Title 28, Judiciary and Judicial ProcedureRelease 119-110

§2344 Review of Orders; Time; Notice; Contents of Petition; Service

Title 28 › PART VI — PARTICULAR PROCEEDINGS › CHAPTER 158 — ORDERS OF FEDERAL AGENCIES; REVIEW › § 2344

Last updated Sep 22, 2026|Official source

Summary

When an agency issues a final order that can be reviewed, it must quickly notify people by serving the notice or by publishing it under its rules. Anyone harmed by the order has 60 days after it is entered to file a petition in the court of appeals that is the right place to hear the case. The lawsuit must name the United States as the defendant. The petition must briefly say what is being reviewed, why the court is proper, the reasons relief is wanted, and the relief requested, and must include copies of the agency’s order, report, or decision. The court clerk must send a true copy of the petition to the agency and to the Attorney General by registered mail and ask for a return receipt.

Full Legal Text

Title 28, §2344

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

On the entry of a final order reviewable under this chapter, the agency shall promptly give notice thereof by service or publication in accordance with its rules. Any party aggrieved by the final order may, within 60 days after its entry, file a petition to review the order in the court of appeals wherein venue lies. The action shall be against the United States. The petition shall contain a concise statement of— (1)
(2)the facts on which venue is based;
(3)the grounds on which relief is sought; and
(4)the relief prayed.
The petitioner shall attach to the petition, as exhibits, copies of the order, report, or decision of the agency. The clerk shall serve a true copy of the petition on the agency and on the Attorney General by registered mail, with request for a return receipt.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1034.Dec. 29, 1950, ch. 1189, § 4, 64 Stat. 1130. The section is reorganized, with minor changes in phraseology. The words “as prescribed by section 1033 of this title” are omitted as surplusage. The words “of the United States” following “Attorney General” are omitted as unnecessary.

Reference

Citations & Metadata

Citation

28 U.S.C. § 2344

Title 28, Judiciary and Judicial Procedure

Last Updated

Sep 22, 2026

Release point: 119-110