28 U.S.C. § 141

Special sessions; places; notice

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(a)(1) Special sessions of the district court may be held at such places in the district as the nature of the business may require, and upon such notice as the court orders.(2) Any business may be transacted at a special session which might be transacted at a regular session.(b)(1) Special sessions of the district court may be held at such places within the United States outside the district as the nature of the business may require and upon such notice as the court orders, upon a finding by either the chief judge of the district court (or, if the chief judge is unavailable, the most senior available active judge of the district court) or the judicial council of the circuit that, because of emergency conditions, no location within the district is reasonably available where such special sessions could be held.(2) Pursuant to this subsection, any business which may be transacted at a regular session of a district court may be transacted at a special session conducted outside the district, except that a criminal trial may not be conducted at a special session outside the State in which the crime has been committed unless the defendant consents to such a criminal trial.(3) Notwithstanding any other provision of law, in any case in which special sessions are conducted pursuant to this section, the district court may summon jurors—(A) in civil proceedings, from any part of the district in which the court ordinarily conducts business or the district in which it is holding a special session; and(B) in criminal trials, from any part of the district in which the crime has been committed and, if the defendant so consents, from any district in which the court is conducting business pursuant to this section.(4) If a district court issues an order exercising its authority under paragraph (1), the court—(A) through the Administrative Office of the United States Courts, shall—(i) send notice of such order, including the reasons for the issuance of such order, to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives; and(ii) not later than 180 days after the expiration of such court order submit a brief report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives describing the impact of such order, including—(I) the reasons for the issuance of such order;(II) the duration of such order;(III) the impact of such order on litigants; and(IV) the costs to the judiciary resulting from such order; and(B) shall provide reasonable notice to the United States Marshals Service before the commencement of any special session held pursuant to such order.(5) If a district court issues an order exercising its authority under paragraph (1), the court shall direct the United States marshal of the district where the court is meeting to furnish transportation and subsistence to the same extent as that provided in sections 4282 and 4285 of title 18.(June 25, 1948, ch. 646, 62 Stat. 897; Pub. L. 88–139, § 1, Oct. 16, 1963, 77 Stat. 248; Pub. L. 109–63, § 2(b), Sept. 9, 2005, 119 Stat. 1994; Pub. L. 109–162, title XI, § 1198(a), Jan. 5, 2006, 119 Stat. 3132.)Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 15 (Mar. 3, 1911, ch. 231, § 11, 36 Stat. 1089).

Section was rewritten to include provision that notice of special terms should conform to rules approved by the judicial council of the circuit, thus insuring a uniform practice among the courts for convening special terms.

Changes of phraseology were made.

Editorial NotesAmendments

2006—Subsec. (b)(5). Pub. L. 109–162 added par. (5).

2005—Pub. L. 109–63 designated first and second undesignated pars. as pars. (1) and (2), respectively, of subsec. (a) and added subsec. (b).

1963—Pub. L. 88–139 substituted “sessions” for “terms” and “session” for “term” wherever appearing in text and section catchline, and struck out “pursuant to rules approved by the judicial council of the circuit” after “court orders” in text.

Notes of Decisions

Cited in 27 cases (5 in the last 5 years), 1936–2023 · leading case: Argyll Equities LLC v. Paolino, 211 F. App'x 317 (5th Cir. 2006).

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Argyll Equities LLC v. Paolino, 211 F. App'x 317 (5th Cir. 2006). · cites it 2× “It matters not that 28 U.S.C. § 141 (a) allows special sessions of the district court to be held anywhere in the district; 3 for purposes of the forum selection clause at issue here, the district court “sits” where it regularly holds court, not in the potentially infinite number…”

United States v. Neal T. Roberts & James Albert Robison, 618 F.2d 530 (9th Cir. 1980). “§ 140 ) (emphasis supplied), and for special sessions of the court “at such places in the district as the nature of the business may require” ( 28 U.S.C. § 141 ) (emphasis supplied). The Supreme Court has said: “District Courts are solely the creation of statute, and the place…”

Hyatt v. Iancu, 332 F. Supp. 3d 83 (D.C. Cir. 2018). · cites it 2× “With the parties' consent and to conserve judicial and the parties' resources, and consistent with 28 U.S.C. § 141 (b)(1), the Chief Judge of the District Court for the District of Columbia authorized this trial to resume as a special session in San Antonio, Texas.”

United States v. Charles Tomaiolo & Louis Soviero, 249 F.2d 683 (2d Cir. 1957). · cites it 2× “Under 28 U.S.C.A. § 141 the Court is given wide discretion to move the place of trial to such places in the district “as the nature of the business may require.”

United States v. Krueger, 809 F.3d 1109 (10th Cir. 2015). “In turn, “other places where that court may function” points to 28 U.S.C. § 141 (b) (2012), which authorizes special court sessions outside the district.”

Collin Cnty. v. Siemens Bus. Servs., Inc., 250 F. App'x 45 (5th Cir. 2007). “We also rejected the appellant’s argument that suit was properly in the federal court because “28 U.S.C. § 141(a) allows special sessions of the district court to be held anywhere in the district.”

Lasky v. Quinlan, 406 F. Supp. 265 (S.D.N.Y. 1976). · cites it 2× “*266 Plaintiff’s counsel has now moved this court for an order under 28 U.S.C. § 141 directing that the hearing be held at a special session of the District Court at Poughkeepsie, New York.”

In re Application to Take Testimony in Crim. Case Outside Dist., 102 F.R.D. 521 (E.D.N.Y 1984). “1957) (upholding district court’s power under 28 U.S.C. § 141 to take testimony in home of witness within the district over objection of defendant).”

Standish v. Gold Creek Mining Co., 92 F.2d 662 (9th Cir. 1937). · cites it 2× “, as amended 28 U.S.C.A. § 141 et seq. Sections 51 and 53 were enacted as part of the Judiciary Act of March 3, 1911, 36 Stat.”

United States v. Addonizio, 451 F.2d 49 (3rd Cir. 1971). “, 24 to have Kantor’s testimony taken by deposition, the court, upon motion of the United States and pursuant to 28 U.S.C. § 141 , 25 directed a special session of the court to be convened at the Veterans’ Hospital in East Orange for the purpose of determining whether Kantor was…”

United States ex rel. Laughlin v. Eicher, 56 F. Supp. 972 (D.D.C. 1944). “Chapter 5, 28 U.S.C.A. § 141 et seq., which establishes the various judicial districts does not include the District of Columbia.”

Ross v. Tioga Gen. Hosp., 293 F. Supp. 209 (S.D.N.Y. 1968). “If it develops that the inconvenience to defendant arising out of trial in Utica becomes acute, defendant hospital can present that emergency to the court in Utica pursuant to 28 U.S.C. §§ 141 , 142. See United States v.”

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— 28 U.S.C. § 141(a) — 1 case

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