2018 US Code
Title 28 - Judiciary and Judicial Procedure
Part VI - Particular Proceedings
Chapter 161 - United States as Party Generally
Sec. 2408 - Security not required of United States

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Citation 28 U.S.C. § 2408 (2018)
Section Name §2408. Security not required of United States
Section Text

Security for damages or costs shall not be required of the United States, any department or agency thereof or any party acting under the direction of any such department or agency on the issuance of process or the institution or prosecution of any proceeding.

Costs taxable, under other Acts of Congress, against the United States or any such department, agency or party shall be paid out of the contingent fund of the department or agency which directed the proceedings to be instituted.

Source Credit

(June 25, 1948, ch. 646, 62 Stat. 972.)

Editorial Notes HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., §870 (R.S. §1001; Mar. 3, 1911, ch. 231, §§117, 289, 36 Stat. 1131, 1167; Jan. 31, 1928, ch. 14, §1, 45 Stat. 54; June 19, 1934, ch. 653, §7, 48 Stat. 1109).

Section 870 of title 28, U.S.C., 1940 ed., applied only to the Supreme Court and district courts. The revised section applies to all courts.

Words "process or the institution or prosecution of any proceeding" were substituted for "appeal, or other process in law, admiralty, or equity."

Word "agency" was substituted for "any corporation all the stock of which is beneficially owned by the United States, either directly or indirectly", in view of the creation of many independent governmental agencies since the enactment of the original law on which this section is based.

Changes were made in phraseology.

Publication Title United States Code, 2018 Edition, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART VI - PARTICULAR PROCEEDINGS
CHAPTER 161 - UNITED STATES AS PARTY GENERALLY
Sec. 2408 - Security not required of United States
Contains section 2408
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law Yes
Disposition standard
Statutes at Large References 36 Stat. 1131
45 Stat. 54
48 Stat. 1109
62 Stat. 972
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