28 U.S.C. § 132 | Creation and composition of district courts

(a)

There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district.

(b)

Each district court shall consist of the district judge or judges for the district in regular active service. Justices or judges designated or assigned shall be competent to sit as judges of the court.

(c)

Except as otherwise provided by law, or rule or order of court, the judicial power of a district court with respect to any action, suit or proceeding may be exercised by a single judge, who may preside alone and hold a regular or special session of court at the same time other sessions are held by other judges.

June 25, 1948, ch. 646 62 Stat. 895 Pub. L. 88–176, § 2Nov. 13, 196377 Stat. 331 (, ; , , .)

Historical and Revision Notes

section 641 of title 48Apr. 30, 1900, ch. 339, § 86 31 Stat. 158 Mar. 3, 1909, ch. 269, § 1 35 Stat. 838 Mar. 3, 1911, ch. 231, § 1 36 Stat. 1087 July 30, 1914, ch. 216 38 Stat. 580 July 19, 1921, ch. 42, § 313 42 Stat. 119 Feb. 12, 1925, ch. 220 43 Stat. 890 Dec. 13, 1926, ch. 6, § 1 44 Stat. 19 Based on title 28, U.S.C., 1940 ed., § 1, and , U.S.C., 1940 ed., Territories and Insular Possessions (, ; , ; , ; , ; , ; , ; , ).

section 1 of title 28 section 641 of title 48Section consolidates , U.S.C., 1940 ed., and , U.S.C., 1940 ed., with changes in phraseology necessary to effect the consolidation.

section 641 of title 48Subsection (c) is derived from , U.S.C., 1940 ed., which applied only to the Territory of Hawaii. The revised section, by extending it to all districts, merely recognizes established practice.

section 1 of title 28 section 641 of title 48Other portions of , U.S.C., 1940 ed., are incorporated in sections 133 and 134 of this title. The remainder of , U.S.C., 1940 ed., is incorporated in sections 91 and 133 of this title.

Editorial Notes

Amendments

Pub. L. 88–1761963—Subsec. (b). inserted “regular” before “active service”.

Statutory Notes and Related Subsidiaries

Continuation of Organization of Court

Act June 25, 1948, ch. 646, § 2(b) 62 Stat. 985 June 25, 1948Sept. 1, 1948, , provided in part that the provisions of this title as set out in section 1 of act , with respect to the organization of the court, shall be construed as a continuation of existing law, and the tenure of the judges, officers, and employees thereof and of the United States attorneys and marshals and their deputies and assistants, in office on , shall not be affected by its enactment, but each of them shall continue to serve in the same capacity under the appropriate provisions of this title pursuant to his prior appointment.