Source
(June 25, 1948, ch. 646, 62 Stat. 929; Oct. 31, 1951, ch. 655, § 49, 65 Stat. 726; Pub. L. 85–508, § 12(e), July 7, 1958, 72 Stat. 348; Pub. L. 85–919, Sept. 2, 1958, 72 Stat. 1770; Pub. L. 97–164, § 125, Apr. 2, 1982, 96 Stat. 36; Pub. L. 98–620, title IV, § 412, Nov. 8, 1984, 98 Stat. 3362; Pub. L. 100–702, title V, § 501, Nov. 19, 1988, 102 Stat. 4652; Pub. L. 102–572, title I, § 101, title IX, §§ 902(b),
906
(c), Oct. 29, 1992, 106 Stat. 4506, 4516, 4518.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§ 225(b),
227,
227a, and section
61 of title
7 of the Canal Zone Code (Mar. 3, 1911, ch. 231, §§ 128,
129,
36 Stat. 1133, 1134; Feb. 13, 1925, ch. 229, § 1,
43 Stat. 937; Feb. 28, 1927, ch. 228,
44 Stat. 1261; Apr. 3, 1926, ch. 102,
44 Stat. 233; May 20, 1926, ch. 347, § 13(a),
44 Stat. 587; Apr. 11, 1928, ch. 354, § 1,
45 Stat. 422; May 17, 1932, ch. 190,
47 Stat. 158).
Section consolidates sections
225
(b),
227 and part of 227a of title 28, U.S.C., 1940 ed., with necessary changes in phraseology to effect the consolidation.
The second paragraph of section
225
(b) of title
28, U.S.C., 1940 ed., relating to review of decisions of the district courts, under section 9 of the Railway Labor Act (section
159 of title
45), was omitted as covered by section
1291 of this title.
Words in section
227 of title
28, U.S.C., 1940 ed., “or decree,” after “interlocutory order,” were deleted, in view of Rule 65 of the Federal Rules of Civil Procedure, using only the word “order.”
Provisions of sections
227 and
227a of title
28, U.S.C., 1940 ed., relating to stay of proceedings pending appeal were omitted as superseded by Federal Rules of Civil Procedure, Rule
73.
Provisions of section
227 of title
28, U.S.C., 1940 ed., requiring an additional bond by the district court as a condition of appeal were omitted in view of Federal Rules of Civil Procedure, Rule
73.
Words in section
227 of title
28, U.S.C., 1940 ed., “and sections
346 and
347 of this title shall apply to such cases in the circuit courts of appeals as to other cases therein,” at the end of the first sentence of section
227 of title
28, U.S.C., 1940 ed., were deleted as fully covered by section
1254 of this title, applicable to any case in a court of appeals. Other procedural provisions of said section
227 were omitted as covered by section
2101 et seq. of this title.
In subsection (4), which is based on section
227a of title
28, U.S.C., 1940 ed., words “civil actions” were substituted for “suits in equity” and word “judgments” was substituted for “decree,” in view of Rules 2 and 54 of the Federal Rules of Civil Procedure.
The provision of sections
227 and
227a of title
28, U.S.C., 1940 ed., that appeal must be taken within thirty days after entry of order, decree or judgment is incorporated in section
2107 of this title.
The provisions of section
227a of title
28, U.S.C., 1940 ed., relating to stay of proceedings pending appeal, were omitted as superseded by Rule 73 of the Federal Rules of Civil Procedure.
The district courts for the districts of Hawaii and Puerto Rico are embraced in the term “district courts of the United States.” (See definitive section
451 of this title.) Consequently the specific reference in section
225 of title
28, U.S.C., 1940 ed., to “the United States district courts for Hawaii” was omitted.
The District Court for the District of Puerto Rico is not enumerated in section
225
(b) of title
28, U.S.C., 1940 ed., nevertheless subsection (2) of the revised section does not except such court. Thus in conformity with the last sentence of section
864, title
48, U.S.C., 1940 ed. For distribution of said section
864, see Distribution Table.
Section
61 of title
7 of the Canal Zone Code is also incorporated in sections
1291 and
1294 of this title.
Amendments
1992—Subsec. (d)(2).
Pub. L. 102–572, §§ 902(b)(1),
906
(c), substituted “When the chief judge of the United States Court of Federal Claims issues an order under section
798
(b) of this title, or when any judge of the United States Court of Federal Claims” for “When any judge of the United States Claims Court”.
Subsec. (d)(3).
Pub. L. 102–572, § 902(b)(2), substituted “Court of Federal Claims” for “Claims Court” in two places.
Subsec. (d)(4).
Pub. L. 102–572, § 902(b), substituted “United States Court of Federal Claims” for “United States Claims Court” in subpar. (A) and “Court of Federal Claims” for “Claims Court” in two places in subpar. (B).
Subsec. (e).
Pub. L. 102–572, § 101, added subsec. (e).
1988—Subsec. (d)(4).
Pub. L. 100–702 added par. (4).
1984—Subsec. (b).
Pub. L. 98–620, § 412(a), inserted “which would have jurisdiction of an appeal of such action” after “The Court of Appeals”.
Subsec. (c)(1).
Pub. L. 98–620, § 412(b), inserted “or (b)” after “(a)”.
1982—Subsec. (a).
Pub. L. 97–164, § 125(a)(1), substituted “Except as provided in subsections (c) and (d) of this section, the courts” for “The courts” in introductory provisions.
Subsec. (a)(4).
Pub. L. 97–164, § 125(a)(2), (3), struck out par. (4) which related to judgments in civil actions for patent infringement which were final except for accounting.
Subsecs. (c), (d).
Pub. L. 97–164, § 125(b), added subsecs. (c) and (d).
1958—
Pub. L. 85–919 designated existing provisions as subsec. (a) and added subsec. (b).
Par. (1).
Pub. L. 85–508 struck out reference to District Court for Territory of Alaska. See section
81A of this title which established a United States District Court for the State of Alaska.
1951—Par. (1). Act Oct. 31, 1951, inserted reference to District Court of Guam.
Effective Date of 1992 Amendment
Amendment by section 101 of
Pub. L. 102–572 effective Jan. 1, 1993, see section 1101(a) of
Pub. L. 102–572, set out as a note under section
905 of Title
2, The Congress.
Amendment by sections 902(b) and 906(c) of
Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of
Pub. L. 102–572, set out as a note under section
171 of this title.
Effective Date of 1988 Amendment
Section 502 of title V of
Pub. L. 100–702 provided that: “The amendment made by section
501 [amending this section] shall apply to any action commenced in the district court on or after the date of enactment of this title [Nov. 19, 1988].”
Effective Date of 1982 Amendment
Amendment by
Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of
Pub. L. 97–164, set out as a note under section
171 of this title.
Effective Date of 1958 Amendment
Amendment by
Pub. L. 85–508 effective Jan. 3, 1959, on admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959,
24 F.R.
81, 73 Stat. c16, as required by sections 1 and 8(c) of
Pub. L. 85–508, see notes set out under section
81A of this title and preceding section
21 of Title
48, Territories and Insular Possessions.
Termination of United States District Court for the District of the Canal Zone
For termination of the United States District Court for the District of the Canal Zone at end of the “transition period”, being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections
3831 and
3841 to
3843 of Title
22, Foreign Relations and Intercourse.