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1 Legislative History of District Courts Amendments P.L. 88-139 248 (1963)

handle is hein.leghis/lhistoryame0001 and id is 1 raw text is: PUBLIC LAW 88-139--OCT. 16, 1963

Public Law 88-139
October 16, 1963                                AN ACT
CH. R. 2845]  To provide that the district courts shall be always open for certain purposes,
to abolish terms of court and to regulate the sessions of the courts for
transacting judicial husinesi.

Distric
Session
lotion.
62 Stat

28 USC 451-460.

138. Terms abolished.
139. Times for holding regular sessions.
141. Special sessions; places; notice.
(b) Item 452 in the analysis of chapter 21 of title 28, United
States Code, immediately preceding section 451, is amended to
read as follows:
452. Courts always open; power unrestricted by expiration of sessions.
Approved October 16, 1963.

Be it enacted by the Senate and House of Representatives of the
t courts. United State.s of America in Congress assembled, That sections 138,
.s regu- 139, 140, and 141 of title 28, [nlited States Code, be amended to read
897.   as follows:
§ 138. Terms abolished
The district court shall not hold formal terms.
§ 139. Times for holding regular sessions
The times for commencing regular sessions of the district court
for transacting judicial business at the places fixed by this chapter
shall be determined by the rules or orders of the court. Such rules
or orders may provide that at one or more of such places the court
shall be in continuous session for such purposes on all business
days, throughout the year. At other places a session of the court
shall continue for such purposes until terminated by order of final
adjournment or by commencement of the next regular session at the
-. same place.
1§  0. Adjournment
-    (a) Any districf court may, by order made anwhere within its
district, adjourn or, with the consent of the judicial council of the
circuit, pretermit any regular session of court for insufficient business
or other good cause.
(b) If the judge of a district court, is unable to attend and
unable to make an order of adjournment, the clerk may adjourn the
court to the next regular session or to any earlier day which he may
determine.
§ 141. Special sessions; places; notice
S ecial sessions of the district court may be held at such places in
the district as the nature of the business may require, and upon
such notice is the court orders.
Any business miy be transacted at a special session which might
be transacted at a regular session.
SEC. 2. Sections 452 and 1869 of title 28, United States Code, and
section- 3288 and 3289 of title 18, United States Code, are each
amended by striking out the word term wherever it appears therein
and insefting in lieu thereof the word session and the catchline
to section 452 is amended by striking out the word terms and
inserting in lieu thereof the words expiration of sessions.
SEc. 3. (a) Items 138, 139, and 141 in the analysis of chapter
81-144. 5 of title 28, United States Code, immediately preceding section 81,
are amended to read as follows:

28 USC

[77 STAT.