United States Code

such regulations as may be necessary to carry out his authority under this section.

(As amended Nov. 2, 1978, Pub. L. 95–572, § 5, 92 Stat. 2454.)

AMENDMENTS

1978-Subsecs. (a) to (g). Pub. L. 95-572, in revising the text, substituted subsecs. (a) to (g) for prior five unnumbered paragraphs, and among other changes, deleted reference to fees for service before United States commissioners, now provided for in chapter 43 (section 631 et seq.) of this title relating to United States magistrates; increased to $30 from $20 allowance for actual attendance; continued the discretionary additional fee for extended service, increasing to forty-five from thirty days the basic service requirement; generalized travel allowance provisions in place of 10 cents per mile travel allowance from residence to place of service when commencing and terminating service and any necessary daily or interim travel, not to exceed a subsistence allowance of $16 per day; and deleted provision for same fees for service in districts courts for districts of Guam and Canal Zone as provided for services in other Federal district courts as covered in definition of "district court of the United States" in section 1869(f) of this title.

EFFECTIVE DATE OF 1978 AmendmenT Amendment by Pub. L. 95-572 applicable with respect to any grand or petit juror serving on or after the sixtieth day following Nov. 2, 1978, see section 7(b) of Pub. L. 95-572, set out as an Effective Date note under section 1363 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 572, 1864, 1876 of this title.

§ 1875. Protection of jurors' employment

(a) No employer shall discharge, threaten to discharge, intimidate, or coerce any permanent employee by reason of such employee's jury service, or the attendance or scheduled attendance in connection with such service, in any court of the United States.

(b) Any employer who violates the provisions of this section

(1) shall be liable for damages for any loss of wages or other benefits suffered by an employee by reason of such violation;

(2) may be enjoined from further violations of this section and ordered to provide other appropriate relief, including but not limited to the reinstatement of any employee discharged by reason of his jury service; and

(3) shall be subject to a civil penalty of not more than $1,000 for each violation as to each employee.

(c) Any individual who is reinstated to a position of employment in accordance with the provisions of this section shall be considered as having been on furlough or leave of absence during his period of jury service, shall be reinstated to his position of employment without loss of seniority, and shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time such individual entered upon jury service.

(d) 1 An individual claiming that his employer has violated the provisions of this section may make application to the district court for the district in which such employer maintains a place of business and the court shall, upon finding probable merit in such claim, appoint counsel to represent such individual in any action in the district court necessary to the resolution of such claim. Such counsel shall be compensated and necessary expenses repaid to the extent provided by section 3006A of title 18, United States Code.

(2) In any action or proceeding under this section, the court may award a prevailing employee who brings such action by retained counsel a reasonable attorney's fee as part of the costs. The court may award a prevailing employer a reasonable attorney's fee as part of the costs if the court determines that the action is frivolous, vexatious, or brought in bad faith. (Added Pub. L. 95-572, § 6(a)(1), Nov. 2, 1978, 92 Stat. 2456.)

EFFECTIVE DATE

Section applicable with respect to any grand or petit juror summoned for service or actually serving on or after Nov. 2, 1978, see section 7(a) of Pub. L. 95-572, set out as an Effective Date note under section 1363 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1363 of this title.

§ 1876. Trial by jury in the Court of International Trade

(a) In any civil action in the Court of International Trade which is to be tried before a jury, the jury shall be selected in accordance with the provisions of this chapter and under the procedures set forth in the jury selection plan of the district court for the judicial district in which the case is to be tried.

(b) Whenever the Court of International Trade conducts a jury trial

(1) the clerk of the district court for the judicial district in which the Court of International Trade is sitting, or an authorized deputy clerk, shall act as clerk of the Court of International Trade for the purposes of selecting and summoning the jury;

(2) the qualifications for jurors shall be the same as those established by section 1865(b) of this title for jurors in the district courts of the United States;

(3) each party shall be entitled to challenge jurors in accordance with section 1870 of this title; and

(4) jurors shall be compensated in accordance with section 1871 of this title. (Added Pub. L. 96-417, title III, § 302(a), Oct. 10, 1980, 94 Stat. 1739.)

EFFECTIVE DATE

Section applicable with respect to civil actions commenced on or after Nov. 1, 1980, see section 701(b)(1)(C) of Pub. L. 96-417, set out as an Effective

'Subsec. (d) enacted without a par. "(1)" designation.

§ 1913. Courts of appeals

JUDICIAL CONFERENCE SCHEDULE OF FEES

The Judicial Conference of the United States at its session on March 7-9, 1979, revised the schedule of fees to be charged in the United States courts of appeals pursuant to this section. The new schedule becomes effective on October 1, 1979. At its session on March 5-6, 1980, the Judicial Conference amended the schedule of fees.

Fees to be paid to clerks of courts of appeals (except that no fees are to be charged for services rendered on behalf of the United States).

1. For docketing a case on appeal or review, or docketing any other proceeding-$65.00. A separate fee shall be paid by each party filing a notice of appeal in the district court, but parties filing a joint notice of appeal in the district court are required to pay only one fee. A docketing fee shall not be charged for the docketing of an application for the allowance of an interlocutory appeal under 28 U.S.C. 1292(b), unless the appeal is allowed.

2. For every search of the records of the court and certifying the results thereof, $2.00.

3. For certifying any document or paper, whether the certification is made directly on the document, or by separate instrument, $2.00.

4. For reproducing any record or paper 50 cents per page. This fee shall apply to paper copies made from either: (1) original documents; or (2) microfiche or microfilm reproductions of the original records.

5. For comparing with the original thereof any copy of any transcript of record, entry, record or paper, when such copy is furnished by any person requesting certification, $2.00 per page or fraction thereof. This fee is in addition to the fee for certification.

6. For reproduction of magnetic tape recordings, either cassette or reel to reel, $2.00 plus the cost of materials, minimum charge of $5.00.

7. For reproduction of the record in any appeal in which the requirement of an appendix is dispensed with by any court of appeals pursuant to Rule 30(f), Federal Rules of Appellate Procedure, a flat fee of $25.00.

8. Fees to be charged and collected for copies of opinions shall be fixed, from time to time, by each court, commensurate with the cost of printing.

No other fees for miscellaneous services than those prescribed by the Judicial Conference of the United States shall be charged or collected by any clerk of court.

§ 1914. District court; filing and miscellaneous fees; rules of court

(a) The clerk of each district court shall require the parties instituting any civil action, suit or proceeding in such court, whether by original process, removal or otherwise, to pay a filing fee of $60, except that on application for a writ of habeas corpus the filing fee shall be $5.

[See main edition for text of (b) to (d)]

(As amended Nov. 6, 1978, Pub. L. 95-598, title II, § 244, 92 Stat. 2671.)

AMENDMENTS

1978-Subsec, (a). Pub. L. 95-598 substituted "$60" for "$15".

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(c) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

JUDICIAL CONFERENCE SCHEDULE OF ADDITIONAL FEES

The Judicial Conference of the United States, at its session on March 7-9, 1979, revised the schedule of fees to be charged in the United States District Court pursuant to this section. The new schedule becomes effective on October 1, 1979. At its session on March 5-6, 1980, the Judicial Conference amended the schedule of fees.

Fees to be charged for services performed by clerks of the district courts (except that no fees are to be charged for services rendered on behalf of the United States).

1. For filing or indexing any paper not in a case or proceeding for which a case filing fee has been paid, $3.00. This fee is applicable to the filing of a petition to perpetuate testimony, Rule 27(a), Federal Rules of Civil Procedure, the filing of papers by trustees under 28 U.S.C. § 754, and the filing of letters rogatory or letters of request, except that the fee for registering a judgment from another district pursuant to 28 U.S.C. § 1963 shall be $10.00.

2. For filing a requisition for and eertifying the results of a search of the records of the court for judgments, decrees, other instruments, suits pending, and bankruptcy proceedings, $2.00 for each name searched.

3. For certifying any document or paper, whether the certification is made directly on the document or by separate instrument, $2.00.

6. For reproduction of magnetic tape recordings, either cassette or reel to reel, $2.00 plus the cost of materials, minimum charge of $5.00.

7. For admission of attorneys to practice, $15.00 each, including a certificate of admission. For a duplicate certificate of admission or certificate of good standing, $3.00.

No other fees for miscellaneous services than those prescribed by the Judicial Conference of the United States shall be charged or collected by any clerk of court.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1930 of this title.

§ 1915. Proceedings in forma pauperis

[See main edition for text of (a)]

(b) Upon the filing of an affidavit in accordance with subsection (a) of this section, the court may direct payment by the United States of the expenses of (1) printing the record on appeal in any civil or criminal case, if such printing is required by the appellate court; (2)

preparing a transcript of proceedings before a United States magistrate in any civil or criminal case, if such transcript is required by the district court, in the case of proceedings conducted under section 636(b) of this title or under section 3401(b) of title 18, United States Code; and (3) printing the record on appeal if such printing is required by the appellate court, in the case of proceedings conducted pursuant to section 636(c) of this title. Such expenses shall be paid when authorized by the Director of the Administrative Office of the United States Courts.

[See main edition for text of (c) to (e)]

(As amended Oct. 10, 1979, Pub. L. 96-82, § 6, 93 Stat. 645.)

AMENDMENTS

1979-Subsec. (b). Pub. L. 96-82 substituted "Upon the filing of an affidavit in accordance with subsection (a) of this section, the court may direct payment by the United States of the expenses of (1) printing the record on appeal in any civil or criminal case, if such printing is required by the appellate court; (2) preparing a transcript of proceedings before a United States magistrate in any civil or criminal case, if such transcript is required by the district court, in the case of proceedings conducted under section 636(b) of this title or under section 3401(b) of title 18, United States Code; and (3) printing the record on appeal if such printing is required by the appellate court, in the case of proceedings conducted pursuant to section 636(c) of this title" and "Such expenses shall be paid when authorized by the Director of the Administrative Office of the United States Courts" for "In any civil or criminal case the court may, upon the filing of a like affidavit, direct that the expense of printing the record on appeal, if such printing is required by the appellate court, be paid by the United States, and the same shall be paid when authorized by the Director of the Administrative Office of the United States Courts".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1930 of this title; title 18 section 3006A.

§ 1919. District courts; dismissal for lack of jurisdiction

Whenever any action or suit is dismissed in any district court or the Court of International Trade for want of jurisdiction, such court may order the payment of just costs.

(As amended Oct. 10, 1980, Pub. L. 96-417, title V, § 510, 94 Stat. 1743.)

AMENDMENTS

1980-Pub. L. 96-417 included dismissals in the Court of International Trade for want of jurisdiction. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-417 applicable with respect to civil actions commenced on or after Nov. 1, 1980, see section 701(b)(1)(E) of Pub. L. 96-417, set out as an Effective Date of 1980 Amendment note under section 251 of this title.

§ 1920. Taxation of costs

A judge or clerk of any court of the United States may tax as costs the following:

[See main edition for text of (1) to (4)]

(5) Docket fees under section 1923 of this title;

(6) Compensation of court appointed experts, compensation of interpreters, and salaries, fees, expenses, and costs of special interpretation services under section 1828 of this title.

A bill of costs shall be filed in the case and, upon allowance, included in the judgment or decree.

(As amended Oct. 28, 1978, Pub. L. 95-539, § 7, 92 Stat. 2044.)

AMENDMENTS

1978-Par. (6). Pub. L. 95-539 added par. (6).

EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-539 effective Oct. 28, 1978, see section 10(a) of Pub. L. 95-539, set out as an Effective Date of 1978 Amendment note under section 602 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1821, 2412 of this title.

§ 1921. United States marshal's fees

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 12 section 3711.

§ 1923. Docket fees and costs of briefs

[See main edition for text of (a)]

(b) The docket fees of United States attorneys and United States trustees shall be paid to the clerk of court and by him paid into the Treasury.

[See main edition for text of (c)]

(As amended Nov. 6, 1978, Pub. L. 95-598, title II, § 245, 92 Stat. 2671.)

REPEAL OF REFERENCES TO UNITED STATES

TRUSTEE

Section 408(c) of Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2687, provided that all references to United States trustees contained in this title are deleted, as of Apr. 1, 1984.

AMENDMENTS

1978-Subsec. (b). Pub. L. 95-598 added "and United States trustees" following "United States attorneys".

EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(c) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

§ 1927. Counsel's liability for excessive costs

Any attorney or other person admitted to conduct cases in any court of the United States or any Territory thereof who so multiplies the proceedings in any case unreasonably and vexatiously may be required by the court to satisfy personally the excess costs, expenses, and attorneys' fees reasonably incurred because of such conduct.

(As amended Sept. 12, 1980, Pub. L. 96-349, § 3, 94 Stat. 1156.)

AMENDMENTS

1980-Pub. L. 96-349 substituted judicial authorization to require attorneys to satisfy excess costs, expenses, and attorneys' fees reasonably incurred because of multiplication of proceedings for such prior authority to impose liability for increased costs based on multiplication of proceedings.

§ 1930. Bankruptcy courts

(a) Notwithstanding section 1915 of this title, the parties commencing a case under title 11 shall pay to the clerk of the bankruptcy court the following filing fees:

(1) For a case commenced under chapter 7 or 13 of title 11, $60.

(2) For a case commenced under chapter 9 of title 11, $300.

(3) For a case commenced under chapter 11 of title 11 that does not concern a railroad, as defined in section 101 of title 11, $200.

(4) For a case commenced under chapter 11 of title 11 concerning a railroad, as so defined, $500.

An individual commencing a voluntary case or a joint case under title 11 may pay such fee in installments.

(b) The Judicial Conference of the United States may prescribe additional fees in cases under title 11 of the same kind as the Judicial Conference prescribes under section 1914(b) of this title.

(c) Upon the filing of any separate or joint notice of appeal or application for appeal or upon the receipt of any order allowing, or notice of the allowance of, an appeal or a writ of certiorari $5 shall be paid to the clerk of the bankruptcy court, by the appellant or petition

er.

(d) Whenever any case or proceeding is dismissed in any bankruptcy court for want of jurisdiction, such court may order the payment of just costs.

(e) The clerk of the bankruptcy court may collect only the fees prescribed under this section.

(Added Pub. L. 95-598, title II, § 246(a), Nov. 6, 1978, 92 Stat. 2671.)

EFFECTIVE DATE

Section effective Oct. 1, 1979, see section 402(c) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

JUDICIAL CONFERENCE SCHEDULE OF FEES

The Judicial Conference of the United States at its session on March 7-9, 1979, adopted a schedule of fees to be charged in bankruptcy courts pursuant to this section. The schedule becomes effective on October 1, 1979. At its session on March 5, 6, 1980, the Judicial Conference amended the schedule of fees.

The scheduled charges for special services to be made under Section 40c(3) of the Bankruptcy Act for deposit to the Referees' Salary and Expense Fund and the miscellaneous fees chargeable in bankruptcy cases filed after October 1, 1979, pursuant to 28 U.S.C. 1930(b) are as follows (except that no fees are to be charged for services rendered on behalf of the United States):

1. For reproducing any record or paper 50 cents per page. This fee shall apply to paper copies made from either: (1) original documents; or (2) microfiche or microfilm reproductions of the original records.

2. For certifying any document or paper, whether the certification is made directly on the document or by separate instrument, $2.00.

3. For comparing with the original thereof any copy of any transcript of record, entry, record or paper, when such copy is furnished by any person requesting certification, $2.00 per page or fraction thereof. This fee is in addition to the fee for certification.

4. For reproduction of magnetic tape recordings, either cassette or reel to reel, $2.00 plus the cost of materials, minimum charge of $5.00.

5. For amendments to a debtor's schedules or lists of creditors after notice to creditors, $10.00 for each amendment, provided the bankruptcy judge may, for good cause, waive the charge in any case.

6. For every search of the records of the bankruptcy court conducted by the clerk of the bankruptcy court or one of his deputies, $2.00 per name or item searched.

7. For filing a complaint, a fee should be collected in the same amount as the filing fee prescribed in 28 U.S.C. 1914(a) for instituting any civil action other than a writ of habeas corpus. If the United States, other than a United States trustee acting as a trustee in a case under title 11, or a debtor is the plaintiff, no fee is required. If a trustee in a case under title 11 is the plaintiff, the fee should be payable only from the estate and to the extent there is any estate realized. The exemption granted herein to a debtor is not granted to a debtor in possession.

8. For filing or indexing any paper not in a case or proceeding for which a filing fee has been paid, $3.00, except that the fee for registering a judgment from another district shall be $10.00.

9. For each set of notices in cases filed under title 11 of the United States Code in excess of fifty notices per set, twenty-five cents for each additional notice. The fee shall be payable only from the estate and only to the extent there is an estate.

10. Upon the filing of a notice of appeal with the bankruptcy court in a proceeding arising under the Bankruptcy Act, $5.00 should be paid to the clerk of the bankruptcy court by the appellant.

11. For clerical processing of each claim filed in excess of 10, $.25 each in asset cases filed under Chapters I-VII of the Bankruptcy Act and in cases filed under the relief chapters of the Bankruptcy Act.

12. For transcribing a record of any proceeding by a regularly employed member of the bankruptcy court staff who is not entitled by statute to retain the transcript fees for his or her own account, a charge shall be made at the same rate and conditions established by the Judicial Conference for transcripts prepared and sold to parties by official court reporters. The party requesting the transcript shall pay the charge to the clerk of the bankruptcy court for deposit to the credit of the referees' salary and expense fund if the proceeding is related to a case commenced prior to October 1, 1979, and to the credit of the Treasury if the proceeding is related to a case commenced on or after October 1, 1979. If the trustee in bankruptcy or the debtor in possession requests a transcript in the performance of his official duties, the charge shall be paid from the estate to the extent there is any estate realized.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 11 section 104.
CHAPTER 125-PENDING ACTIONS AND
JUDGMENTS

Sec.

1963A. Registration of judgments of the Court of International Trade.

AMENDMENTS

1980-Pub. L. 96-417, title V, § 511(b), Oct. 10, 1980,

94 Stat. 1743, added item 1963A.

§ 1963A. Registration of judgments of the Court of International Trade

(a) A judgment in any civil action for the recovery of money or property entered by the Court of International Trade which has become final by appeal or expiration of time for appeal may be registered in any judicial district by filing a certified copy of such judgment. A judgment so registered shall have the same effect as a judgment of the district court of the district where registered and may be enforced in like

manner.

(b) A certified copy of the satisfaction of any judgment in whole or in part may be registered in like manner in any district in which the judgment is a lien.

(Added Pub. L. 96-417, title V, § 511(a), Oct. 10, 1980, 94 Stat. 1743.)

EFFECTIVE DATE

Section applicable with respect to civil actions commenced on or after Nov. 1, 1980, see section 701(b)(1)(F) of Pub. L. 96-417, set out as an Effective Date of 1980 Amendment note under section 251 of this title.

CHAPTER 127-EXECUTIONS AND JUDICIAL

SALES CODIFICATION

The chapter heading is set out to correct a typographical error in the main edition.

CHAPTER 129-MONEYS PAID INTO COURT

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 11 section 347.

CHAPTER 131-RULES OF COURTS

§ 2071. Rule-making power generally

AMENDMENTS TO CRIMINAL RULES AND RULES OF EVIDENCE PROPOSED APRIL 30, 1979; POSTPONEMENT OF EFFECTIVE DATE

Pub. L. 96-42, July 31, 1979, 93 Stat. 326, provided: "That notwithstanding any provision of section 3771 or 3772 of title 18 of the United States Code or of section 2072, 2075, or 2076 of title 28 of the United States Code to the contrary

"(1) the amendments proposed by the United States Supreme Court and transmitted by the Chief Justice on April 30, 1979, to the Federal Rules of Criminal Procedure affecting rules 11(e)(6), 17(h), 32(f), and 44(c), and adding new rules 26.2 and 32.1, and the amendment so proposed and transmitted to the Federal Rules of Evidence affecting rule 410, shall not take effect until December 1, 1980, or until and then only to the extent approved by Act of Congress, whichever is earlier; and

"(2) the amendment proposed by the United States Supreme Court and transmitted by the Chief Justice on April 30, 1979, affecting rule 40 of the Federal Rules of Criminal Procedure shall take effect on August 1, 1979, with the following amendments:

"(A) In the matter designated as paragraph (1) of subdivision (d), strike out in accordance with Rule 32.1(a)'.

"(B) In the matter designated as paragraph (2) of subdivision (d), strike out 'in accordance with Rule 32.1(a)(1)'.”

§ 2075. Bankruptcy rules

The Supreme Court shall have the power to prescribe by general rules, the forms of process,

writs, pleadings, and motions, and the practice and procedure in cases under title 11.

Such rules shall not abridge, enlarge, or modify any substantive right.

Such rules shall not take effect until they have been reported to Congress by the Chief Justice at or after the beginning of a regular session thereof but not later than the first day of May and until the expiration of ninety days after they have been thus reported.

(As amended Pub. L. 95-598, title II, § 247, Nov. 6, 1978, 92 Stat. 2672.)

AMENDMENTS

1978-Pub. L. 95-598 substituted "in cases under title 11" for "under the Bankruptcy Act" and struck out provisions directing that all laws in conflict with bankruptcy rules be of no further force or effect after such rules have taken effect.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-598 effective Nov. 6, 1978, see section 402(d) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 48 sections 1424, 1615.

§ 2076. Rules of evidence

CROSS REFERENCES

Applicability of section to amendment of Classified Information Procedures Act, see section 11 of the Act set out in the appendix to Title 18, Crimes and Criminal Procedure.

CHAPTER 133-REVIEW-MISCELLANEOUS

PROVISIONS

§ 2107. Time for appeal to court of appeals

Except as otherwise provided in this section, no appeal shall bring any judgment, order or decree in an action, suit or proceeding of a civil nature before a court of appeals for review unless notice of appeal is filed, within thirty days after the entry of such judgment, order or decree.

In any such action, suit or proceeding in which the United States or an officer or agency thereof is a party, the time as to all parties shall be sixty days from such entry.

In any action, suit or proceeding in admiralty, the notice of appeal shall be filed within ninety days after the entry of the order, judgment or decree appealed from, if it is a final decision, and within fifteen days after its entry if it is an interlocutory decree.

The district court or the bankruptcy court may extend the time for appeal not exceeding thirty days from the expiration of the original time herein prescribed, upon a showing of excusable neglect based on failure of a party to learn of the entry of the judgment, order or decree.

(As amended Nov. 6, 1978, Pub. L. 95-598, title II, § 248, 92 Stat. 2672.)

« Previous Continue »

Books

United States Code, Volume 4