2012 US Code
Title 28 - Judiciary and Judicial Procedure
Part I - ORGANIZATION OF COURTS (§§ 1 - 482)
Chapter 5 - DISTRICT COURTS (§§ 81 - 144)
Section 112 - New York
|Publication Title||United States Code, 2012 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 I - ORGANIZATION OF COURTS
CHAPTER 5 - DISTRICT COURTS
Sec. 112 - New York
|Laws in Effect as of Date||January 15, 2013|
|Source Credit||June 25, 1948, ch. 646, 62 Stat. 885; Pub. L. 90-217, Dec. 18, 1967, 81 Stat. 662; Pub. L. 91-546, §1, Dec. 14, 1970, 84 Stat. 1412; Pub. L. 95-271, §1, Apr. 28, 1978, 92 Stat. 221; Pub. L. 95-408, §4(c), Oct. 2, 1978, 92 Stat. 885; Pub. L. 95-573, §3, Nov. 2, 1978, 92 Stat. 2458; Pub. L. 98-620, title IV, §405, Nov. 8, 1984, 98 Stat. 3361; Pub. L. 101-650, title III, §324(a)(2), Dec. 1, 1990, 104 Stat. 5120; Pub. L. 104-317, title VI, §609, Oct. 19, 1996, 110 Stat. 3860; Pub. L. 106-113, div. B, §1000(a)(1) [title III, §306], Nov. 29, 1999, 113 Stat. 1535, 1501A-37; Pub. L. 108-455, §4, Dec. 10, 2004, 118 Stat. 3628; Pub. L. 108-482, title III, §302, Dec. 23, 2004, 118 Stat. 3918.|
|Statutes at Large References||36 Stat. 1119 |
41 Stat. 394
42 Stat. 812
50 Stat. 623
62 Stat. 885
81 Stat. 662
84 Stat. 1412
92 Stat. 221, 885, 2458
98 Stat. 3361
104 Stat. 5120
110 Stat. 3860
113 Stat. 1535
118 Stat. 3628, 3918
|Public Law References||Public Law 90-217, Public Law 91-546, Public Law 95-271, Public Law 95-408, Public Law 95-573, Public Law 98-620, Public Law 101-650, Public Law 104-317, Public Law 106-113, Public Law 108-455, Public Law 108-482|
New York is divided into four judicial districts to be known as the Northern, Southern, Eastern, and Western Districts of New York.Northern District
(a) The Northern District comprises the counties of Albany, Broome, Cayuga, Chenango, Clinton, Columbia, Cortland, Delaware, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Jefferson, Lewis, Madison, Montgomery, Oneida, Onondaga, Oswego, Otsego, Rensselaer, Saint Lawrence, Saratoga, Schenectady, Schoharie, Tioga, Tompkins, Ulster, Warren, and Washington.
Court for the Northern District shall be held at Albany, Auburn, Binghamton, Malone, Plattsburgh,1 Syracuse, Utica, Watertown, and Plattsburgh.1Southern District
(b) The Southern District comprises the counties of Bronx, Dutchess, New York, Orange, Putnam, Rockland, Sullivan, and Westchester and concurrently with the Eastern District, the waters within the Eastern District.
Court for the Southern District shall be held at New York, White Plains, and in the Middletown-Wallkill area of Orange County or such nearby location as may be deemed appropriate.Eastern District
(c) The Eastern District comprises the counties of Kings, Nassau, Queens, Richmond, and Suffolk and concurrently with the Southern District, the waters within the counties of Bronx and New York.
Court for the Eastern District shall be held at Brooklyn, Hauppauge, Hempstead (including the village of Uniondale), and Central Islip.Western District
(d) The Western District comprises the counties of Allegany, Cattaraugus, Chautauqua, Chemung, Erie, Genesee, Livingston, Monroe, Niagara, Ontario, Orleans, Schuyler, Seneca, Steuben, Wayne, Wyoming, and Yates.
Court for the Western District shall be held at Buffalo, Canandaigua, Elmira, Jamestown, and Rochester.
(June 25, 1948, ch. 646, 62 Stat. 885; Pub. L. 90–217, Dec. 18, 1967, 81 Stat. 662; Pub. L. 91–546, §1, Dec. 14, 1970, 84 Stat. 1412; Pub. L. 95–271, §1, Apr. 28, 1978, 92 Stat. 221; Pub. L. 95–408, §4(c), Oct. 2, 1978, 92 Stat. 885; Pub. L. 95–573, §3, Nov. 2, 1978, 92 Stat. 2458; Pub. L. 98–620, title IV, §405, Nov. 8, 1984, 98 Stat. 3361; Pub. L. 101–650, title III, §324(a)(2), Dec. 1, 1990, 104 Stat. 5120; Pub. L. 104–317, title VI, §609, Oct. 19, 1996, 110 Stat. 3860; Pub. L. 106–113, div. B, §1000(a)(1) [title III, §306], Nov. 29, 1999, 113 Stat. 1535, 1501A–37; Pub. L. 108–455, §4, Dec. 10, 2004, 118 Stat. 3628; Pub. L. 108–482, title III, §302, Dec. 23, 2004, 118 Stat. 3918.)Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§178 and 178a (Mar. 3, 1911, ch. 231, §97, 36 Stat. 1119; Jan. 21, 1920, ch. 50, 41 Stat. 394; July 1, 1922, ch. 260, 42 Stat. 812; Aug. 12, 1937, ch. 591, 50 Stat. 623).
A reference in section 178 of title 28, U.S.C., 1940 ed., to Franklin County in the list of Counties in the Northern District, in which one term might be held annually, in the discretion of the judge, was omitted as superseded by the provisions of said section 178a of title 28, requiring an annual term to be held at Malone, which is in Franklin County.
References to seizures made, matters done and processes or orders issued respecting waters within the concurrent jurisdiction of the southern and eastern districts, were omitted as unnecessary and covered by the revised language.
Provision for 20 days’ notice of the special term authorized in the discretion of the court in the counties of Clinton, Jefferson, Onondaga, Oswego, Rensselaer, St. Lawrence, Saratoga, and Schenectady was omitted as unnecessary, in view of section 141 of this title providing for such notice as the district judge orders.
The special provision permitting any district judge in New York to act as judge in any other district in that State upon request of the resident district judge was omitted, thus making applicable the uniform procedure for designation and assignment of district judges throughout the United States, provided by section 292 of this title.
Words “with the waters thereof” after the list of counties in each district were omitted as unnecessary and inconsistent with other sections of this chapter.
The provisions with reference to the return of process in admiralty cases, the designation of judges and their powers, and the holding of sessions for the hearing of motions and for proceedings in bankruptcy and admiralty, were omitted as unnecessary and more properly the subject of rule of court.
The provisions of sections 178 and 178a of title 28, U.S.C., 1940 ed., respecting court accommodations at Malone and in the counties of Schenectady, Rensselaer, Saratoga, Onondaga, St. Lawrence, Clinton, Jefferson, Oswego, and Franklin, were omitted as covered by section 142 of this title.
The county of Bronx, in the southern district, was formed out of a part of New York County in 1912.
Lockport was omitted as a place of holding court in the Western District. Court has not been held there for 32 years.
Changes were made in arrangement and phraseology.Amendments
2004—Subsec. (a). Pub. L. 108–482 inserted “Plattsburgh,” after “Malone,”.
Pub. L. 108–455 substituted “Watertown, and Plattsburgh” for “and Watertown”.
1999—Subsec. (c). Pub. L. 106–113 amended last sentence generally. Prior to amendment, last sentence read as follows: “Court for the Eastern District shall be held at Brooklyn, Hauppauge, and Hempstead (including the village of Uniondale).”
1996—Subsec. (b). Pub. L. 104–317 amended last sentence generally, substituting “Court for the Southern District shall be held at New York, White Plains, and in the Middletown-Wallkill area of Orange County or such nearby location as may be deemed appropriate.” for “Court for the Southern District shall be held at New York and White Plains.”
1990—Subsec. (a). Pub. L. 101–650 substituted “Utica, and Watertown” for “and Utica”.
1984—Subsec. (c). Pub. L. 98–620 provided for holding court at Hauppauge.
1978—Subsec. (a). Pub. L. 95–408, §4(c)(1), added counties of Columbia, Greene, and Ulster to those counties comprising the Northern District of New York.
Subsec. (b). Pub. L. 95–573 provided for holding court at White Plains.
Pub. L. 95–408, §4(c)(2), struck out Columbia, Greene, and Ulster from those counties comprising the Southern District of New York.
Subsec. (c). Pub. L. 95–271 substituted “and Hempstead (including the village of Uniondale)” for “Mineola, and Westbury”.
1970—Subsec. (c). Pub. L. 91–546 provided for holding court at Westbury.
1967—Subsec. (c). Pub. L. 90–217 provided for holding court at Mineola.Effective Date of 1984 Amendment
Amendment by Pub. L. 98–620 effective Jan. 1, 1985, and not to affect the composition, or preclude the service, of any grand or petit jury summoned, impaneled, or actually serving on that date, see section 411 of Pub. L. 98–620, set out as a note under section 85 of this title.Effective Date of 1978 Amendment; Savings Provision
Amendment by Pub. L. 95–408 effective 180 days after Oct. 2, 1978, with such amendment not to affect the composition or preclude the service of any grand or petit juror summoned, empaneled, or actually serving in any judicial district on the effective date of this Act, see section 5 of Pub. L. 95–408, set out as a note under section 89 of this title.Pretermission of Regular Session of Court at Hempstead and Holding of Special Session at Westbury; Procedures Applicable, Appropriations, Etc.
Sections 2 to 5 of Pub. L. 95–271 provided that:
1 So in original. “Plattsburgh” appears twice.
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