June 25, 1948, ch. 64662 Stat. 961May 24, 1949, ch. 139, § 10663 Stat. 104Pub. L. 98–209, § 10(b)97 Stat. 1406Pub. L. 100–352, § 5(b)102 Stat. 663Pub. L. 103–337, div. A, title IX, § 924(d)(1)(C)108 Stat. 2832Pub. L. 118–31, div. A, title V, § 533(a)(2)(B)137 Stat. 261(, ; , ; , , ; , , ; , , ; , , .)
Historical and Revision Notes
Act1948
section 29 of title 15section 45 of title 49Feb. 11, 1903, ch. 544, § 232 Stat. 1167Mar. 3, 1911, ch. 23136 Stat. 1150Mar. 4, 1913, ch. 16037 Stat. 1013Oct. 22, 1913, ch. 3238 Stat. 220Sept. 6, 1916, ch. 448, § 639 Stat. 727Feb. 13, 1925, ch. 22943 Stat. 938Jan. 31, 1928, ch. 14, § 145 Stat. 54June 7, 1934, ch. 42648 Stat. 936Aug. 24, 1937, ch. 75450 Stat. 752June 9, 1944, ch. 23958 Stat. 272Based on title 28, U.S.C., 1940 ed., §§ 47, 47a, 349a, 350, 380, 380a, , U.S.C., 1940 ed., Commerce and Trade, and , U.S.C., 1940 ed., Transportation (, ; , §§ 210, 266, 291, , 1162, 1167; , ; , ; , ; , §§ 1, 8 (a, b, d), , 940; , ; , ; , §§ 2, 3, ; , ).
section 350 of title 28section 45 of title 49Section consolidates , U.S.C., 1940 ed., with those portions of sections 47, 47a, 349a, 380, and 380a, of said title 28, section 29, of title 15, U.S.C., 1940 ed., and , U.S.C., 1940 ed., respective time for taking direct appeal. (For disposition of other provisions of said sections, see Distribution Table.)
section 354 of title 28Subsection (a) of the revised section is derived from sections 349a and 380a of title 28, U.S.C., 1940 ed. The phrase “under rules prescribed by the Supreme Court” was substituted for the phrase “under such rules as may be prescribed by the proper courts” which appeared in both such sections. The Supreme Court by its revised rules 10–13 has made adequate provision for filing record and docketing case. (See Revised Rules of the Supreme Court following , U.S.C., 1940 ed.)
section 29 of title 15section 45 of title 49Subsection (b) is in accord with sections 47 and 47a of title 28, U.S.C., 1940 ed., and , U.S.C., 1940 ed., Commerce and Trade, and , U.S.C., 1940 ed., Transportation.
section 350 of title 28Comm’r v. Bedford’s EstateSubsection (c), with respect to the time for taking other appeals or petitioning for a writ of certiorari, substitutes, as more specific, the words “ninety days” for the words “three months” contained in , U.S.C., 1940 ed. The provision in said section 350 for allowance of additional time was retained, notwithstanding the language of the Supreme Court in , 1945, 65 S.Ct. 1157, 1159, 325 U.S. 283, 89 L.Ed. 1611, to the effect that the 3 months’ period is “more than ample * * * to determine whether to seek further review”.
section 350 of title 28In subsection (c), words “in a civil action, suit, or proceeding” were added because , U.S.C., 1940 ed., was superseded as to criminal cases by Federal Rules of Criminal Procedure, Rule 39(a)(2), (b)(2).
section 350 of title 28Words “or the United States Court of Appeals for the District of Columbia” in , U.S.C., 1940 ed., were omitted as covered by “court of appeals” in subsection (d) of this revised section.
section 350 of title 28section 1240 of title 48Words in , U.S.C., 1940 ed., “excepting that writs of certiorari to the Supreme Court of the Philippine Islands may be granted where application therefor is made within six months”, were omitted as obsolete, in view of the independence of the Philippines recognized by , U.S.C., 1940 ed., Territories and Insular Possessions.
Subsection (e) relates only to supersedeas or stay of execution of judgments sought to be reviewed in the Supreme Court on writ of certiorari. Supersedeas or stay of proceedings taken to the Supreme Court by appeal from courts of appeals, or direct appeals from a district court or three-judge courts, is governed by Rule 62 of the Federal Rules of Civil Procedure.
Changes were made in phraseology.
Act1949
section 2101 of title 28This section clarifies the meaning of subsection (c) of , U.S.C. At present, such subsection, after the words, “ninety days after entry of such judgment or decree”, reads, “unless, upon application for writ of certiorari, for good cause, the Supreme Court or a justice thereof allows an additional time not exceeding sixty days.”
The new subsection (d) of section 2101 supplies an omission in revised title 28, U.S.C., and confirms the authority of the Supreme Court to regulate the time for seeking review of State criminal cases.
The other amendment merely renumbers subsections (d) and (e) of such section 2101 as subsections (e) and (f), respectively.
Editorial Notes
Amendments
Pub. L. 118–312023—Subsec. (g). amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “The time for application for a writ of certiorari to review a decision of the United States Court of Appeals for the Armed Forces shall be as prescribed by rules of the Supreme Court.”
Pub. L. 103–3371994—Subsec. (g). substituted “Court of Appeals for the Armed Forces” for “Court of Military Appeals”.
Pub. L. 100–3521988—Subsec. (a). substituted “section 1253” for “sections 1252, 1253, and 2282”.
Pub. L. 98–2091983—Subsec. (g). added subsec. (g).
1949—Subsec. (c). Act , § 106(a), clarified the allowance of an additional 60 days in which to apply for a writ of certiorari.
Subsecs. (d) to (f). Act , § 106(b), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2023 Amendment
Pub. L. 118–31section 533(b) of Pub. L. 118–31section 867a of Title 10Amendment by (a) effective on the date that is one year after , and applicable with respect to any action of the United States Court of Appeals for the Armed Forces in granting or refusing to grant a petition for review submitted to such Court for the first time on or after , with provisions for inapplicability to pending decisions, finality of decisions before effective date, and requiring Supreme Court to prescribe rules to carry out subsection (g) of this section by the effective date specified, see , set out as a note under , Armed Forces.
Effective Date of 1988 Amendment
Pub. L. 100–352section 7 of Pub. L. 100–352section 1254 of this titleAmendment by effective ninety days after , except that such amendment not to apply to cases pending in Supreme Court on such effective date or affect right to review or manner of reviewing judgment or decree of court which was entered before such effective date, see , set out as a note under .
Effective Date of 1983 Amendment
Pub. L. 98–209section 12(a)(1) of Pub. L. 98–209section 801 of Title 10Amendment by effective on first day of eighth calendar month beginning after , see , set out as a note under , Armed Forces.