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2020 US Code
Title 28 - Judiciary and Judicial Procedure
Part V - Procedure
Chapter 123 - Fees and Costs
Sec. 1912 - Damages and costs on affirmance

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Citation 28 U.S.C. § 1912 (2020)
Section Name §1912. Damages and costs on affirmance
Section Text

Where a judgment is affirmed by the Supreme Court or a court of appeals, the court in its discretion may adjudge to the prevailing party just damages for his delay, and single or double costs.

Source Credit

(June 25, 1948, ch. 646, 62 Stat. 954.)

Editorial Notes HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., §878, and section 1141(c)(4) of title 26 U.S.C., 1940 ed., Internal Revenue Code (R.S. §1010; Mar. 3, 1911, ch. 231, §§117, 289, 36 Stat. 1131, 1167; Feb. 10, 1939, ch. 2, §1141(c)(4), 53 Stat. 165).

Section consolidates section 878 of title 28 with section 1141(c)(4) of title 26, both U.S.C., 1940 ed., with changes in phraseology necessary to effect consolidation.

Words "prevailing party" were substituted for "the respondents in error," contained in said section 878 of title 28, since writs of error have been abolished.

SENATE REVISION AMENDMENT

By Senate amendment, all provisions relating to the Tax Court were eliminated. Therefore, section 1141(c)(4) of Title 26, U.S.C., Internal Revenue Code, was not one of the sources of this section as finally enacted. However, no change in the text of this section was necessary. See 80th Congress Senate Report No. 1559.

Publication Title United States Code, 2018 Edition, Supplement 2, 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 V - PROCEDURE
CHAPTER 123 - FEES AND COSTS
Sec. 1912 - Damages and costs on affirmance
Contains section 1912
Date 2020
Laws In Effect As Of Date January 13, 2021
Positive Law Yes
Disposition standard
Statutes at Large References 36 Stat. 1131
53 Stat. 165
62 Stat. 954
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