28-U.S.C.-174

28-U.S.C.-174

§174 – Assignment of Judges; Decisions

Pathway

Title 28 > Part I > Chapter 7 > Section 174

Details

  • Reference: Section 174
  • Legend: §174 – Assignment of Judges; Decisions
  • USCode Year: 2013

Provision Content

(a) The judicial power of the United States Court of Federal Claims with respect to any action, suit, or proceeding, except congressional reference cases, shall 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.

(b) All decisions of the Court of Federal Claims shall be preserved and open to inspection.

(June 25, 1948, ch. 646, 62 Stat. 898; Pub. L. 97–164, title I, §105(a), Apr. 2, 1982, 96 Stat. 27; Pub. L. 102–572, title IX, §902(a), Oct. 29, 1992, 106 Stat. 4516.)

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §243 (Mar. 3, 1911, ch. 231, §138, 36 Stat. 1136).

This section is based on the first sentence of section 243 of title 28, U.S.C., 1940 ed. The remainder of said section is incorporated in section 175 of this title.

Words the seat of government were substituted for the city of Washington to conform to similar language respecting the Supreme Court. (See section 2 of this title.)

Words to be fixed by rule of court were added to provide greater flexibility in administering the business of the court. For similar provisions covering the district courts, see section 138 of this title.

Word term was substituted for session for uniformity.

Minor changes were made in phraseology.

Amendments

1992—Pub. L. 102–572 substituted United States Court of Federal Claims for United States Claims Court in subsec. (a) and Court of Federal Claims for Claims Court in subsec. (b).

1982—Pub. L. 97–164 amended section generally, substituting provisions relating to assignment of judges (formerly contained in section 175) for provisions relating to terms of court. See section 173 of this title.

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.

U.S. Encyclopedia of Law Coverage

28-U.S.C.-152 in the Legal Encyclopedia: Judiciary

In this entry about 28-U.S.C.-152, find legal reference material, bibliographies and premiere content related to judiciary in the American Encyclopedia of Law, presenting a comprehensive view of the United States judiciary-specific issues, written by authorities in the field.

28-U.S.C.-156 in the Legal Encyclopedia: Courts Organization

In this entry about 28-U.S.C.-156, find legal reference material, bibliographies and premiere content related to courts organization in the American Encyclopedia of Law, presenting a comprehensive view of the United States courts organization-specific issues, written by authorities in the field.

Topic Map


Posted

in

,

by

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *