Notes on 28 U.S.C. § 1292 : US Code - Notes

Search Notes on 28 U.S.C. § 1292 : US Code - Notes

(June 25, 1948, ch. 646, 62 Stat. 929; Oct. 31, 1951, ch. 655, Sec.
49, 65 Stat. 726; Pub. L. 85-508, Sec. 12(e), July 7, 1958, 72
Stat. 348; Pub. L. 85-919, Sept. 2, 1958, 72 Stat. 1770; Pub. L. 97-
164, Sec. 125, Apr. 2, 1982, 96 Stat. 36; Pub. L. 98-620, title
IV, Sec. 412, Nov. 8, 1984, 98 Stat. 3362; Pub. L. 100-702, title
V, Sec. 501, Nov. 19, 1988, 102 Stat. 4652; Pub. L. 102-572, title
I, Sec. 101, title IX, Secs. 902(b), 906(c), Oct. 29, 1992, 106
Stat. 4506, 4516, 4518.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., Secs. 225(b), 227, 227a, and
section 61 of title 7 of the Canal Zone Code (Mar. 3, 1911, ch.
231, Secs. 128, 129, 36 Stat. 1133, 1134; Feb. 13, 1925, ch. 229,
Sec. 1, 43 Stat. 937; Feb. 28, 1927, ch. 228, 44 Stat. 1261; Apr.
3, 1926, ch. 102, 44 Stat. 233; May 20, 1926, ch. 347, Sec. 13(a),
44 Stat. 587; Apr. 11, 1928, ch. 354, Sec. 1, 45 Stat. 422; May 17,
1932, ch. 190, 47 Stat. 158).
Section consolidates sections 225(b), 227 and part of 227a of
title 28, U.S.C., 1940 ed., with necessary changes in phraseology
to effect the consolidation.
The second paragraph of section 225(b) of title 28, U.S.C., 1940
ed., relating to review of decisions of the district courts, under
section 9 of the Railway Labor Act (section 159 of title 45), was
omitted as covered by section 1291 of this title.
Words in section 227 of title 28, U.S.C., 1940 ed., "or decree,"
after "interlocutory order," were deleted, in view of Rule 65 of
the Federal Rules of Civil Procedure, using only the word "order."
Provisions of sections 227 and 227a of title 28, U.S.C., 1940
ed., relating to stay of proceedings pending appeal were omitted as
superseded by Federal Rules of Civil Procedure, Rule 73.
Provisions of section 227 of title 28, U.S.C., 1940 ed.,
requiring an additional bond by the district court as a condition
of appeal were omitted in view of Federal Rules of Civil Procedure,
Rule 73.
Words in section 227 of title 28, U.S.C., 1940 ed., "and sections
346 and 347 of this title shall apply to such cases in the circuit
courts of appeals as to other cases therein," at the end of the
first sentence of section 227 of title 28, U.S.C., 1940 ed., were
deleted as fully covered by section 1254 of this title, applicable
to any case in a court of appeals. Other procedural provisions of
said section 227 were omitted as covered by section 2101 et seq. of
this title.
In subsection (4), which is based on section 227a of title 28,
U.S.C., 1940 ed., words "civil actions" were substituted for "suits
in equity" and word "judgments" was substituted for "decree," in
view of Rules 2 and 54 of the Federal Rules of Civil Procedure.
The provision of sections 227 and 227a of title 28, U.S.C., 1940
ed., that appeal must be taken within thirty days after entry of
order, decree or judgment is incorporated in section 2107 of this
title.
The provisions of section 227a of title 28, U.S.C., 1940 ed.,
relating to stay of proceedings pending appeal, were omitted as
superseded by Rule 73 of the Federal Rules of Civil Procedure.
The district courts for the districts of Hawaii and Puerto Rico
are embraced in the term "district courts of the United States."
(See definitive section 451 of this title.) Consequently the
specific reference in section 225 of title 28, U.S.C., 1940 ed., to
"the United States district courts for Hawaii" was omitted.
The District Court for the District of Puerto Rico is not
enumerated in section 225(b) of title 28, U.S.C., 1940 ed.,
nevertheless subsection (2) of the revised section does not except
such court. Thus in conformity with the last sentence of section
864, title 48, U.S.C., 1940 ed. For distribution of said section
864, see Distribution Table.
Section 61 of title 7 of the Canal Zone Code is also incorporated
in sections 1291 and 1294 of this title.
AMENDMENTS
1992 - Subsec. (d)(2). Pub. L. 102-572, Secs. 902(b)(1), 906(c),
substituted "When the chief judge of the United States Court of
Federal Claims issues an order under section 798(b) of this title,
or when any judge of the United States Court of Federal Claims" for
"When any judge of the United States Claims Court".
Subsec. (d)(3). Pub. L. 102-572, Sec. 902(b)(2), substituted
"Court of Federal Claims" for "Claims Court" in two places.
Subsec. (d)(4). Pub. L. 102-572, Sec. 902(b), substituted "United
States Court of Federal Claims" for "United States Claims Court" in
subpar. (A) and "Court of Federal Claims" for "Claims Court" in two
places in subpar. (B).
Subsec. (e). Pub. L. 102-572, Sec. 101, added subsec. (e).
1988 - Subsec. (d)(4). Pub. L. 100-702 added par. (4).
1984 - Subsec. (b). Pub. L. 98-620, Sec. 412(a), inserted "which
would have jurisdiction of an appeal of such action" after "The
Court of Appeals".
Subsec. (c)(1). Pub. L. 98-620, Sec. 412(b), inserted "or (b)"
after "(a)".
1982 - Subsec. (a). Pub. L. 97-164, Sec. 125(a)(1), substituted
"Except as provided in subsections (c) and (d) of this section, the
courts" for "The courts" in introductory provisions.
Subsec. (a)(4). Pub. L. 97-164, Sec. 125(a)(2), (3), struck out
par. (4) which related to judgments in civil actions for patent
infringement which were final except for accounting.
Subsecs. (c), (d). Pub. L. 97-164, Sec. 125(b), added subsecs.
(c) and (d).
1958 - Pub. L. 85-919 designated existing provisions as subsec.
(a) and added subsec. (b).
Par. (1). Pub. L. 85-508 struck out reference to District Court
for Territory of Alaska. See section 81A of this title which
established a United States District Court for the State of Alaska.
1951 - Par. (1). Act Oct. 31, 1951, inserted reference to
District Court of Guam.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by section 101 of Pub. L. 102-572 effective Jan. 1,
1993, see section 1101(a) of Pub. L. 102-572, set out as a note
under section 905 of Title 2, The Congress.
Amendment by sections 902(b) and 906(c) of 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 1988 AMENDMENT
Section 502 of title V of Pub. L. 100-702 provided that: "The
amendment made by section 501 [amending this section] shall apply
to any action commenced in the district court on or after the date
of enactment of this title [Nov. 19, 1988]."
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.
EFFECTIVE DATE OF 1958 AMENDMENT
Amendment by Pub. L. 85-508 effective Jan. 3, 1959, on admission
of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959,
24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of
Pub. L. 85-508, see notes set out under section 81A of this title
and preceding section 21 of Title 48, Territories and Insular
Possessions.
TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE
CANAL ZONE
For termination of the United States District Court for the
District of the Canal Zone at end of the "transition period", being
the 30-month period beginning Oct. 1, 1979, and ending midnight
Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal
Treaty of 1977 and sections 3831 and 3841 to 3843 of Title 22,
Foreign Relations and Intercourse.