28 U.S.C. § 2284 : US Code - Section 2284: Three-judge court; when required; composition; procedure

Search 28 U.S.C. § 2284 : US Code - Section 2284: Three-judge court; when required; composition; procedure

(a) A district court of three judges shall be convened when
otherwise required by Act of Congress, or when an action is filed
challenging the constitutionality of the apportionment of
congressional districts or the apportionment of any statewide
legislative body.
(b) In any action required to be heard and determined by a
district court of three judges under subsection (a) of this
section, the composition and procedure of the court shall be as
follows:
(1) Upon the filing of a request for three judges, the judge to
whom the request is presented shall, unless he determines that
three judges are not required, immediately notify the chief judge
of the circuit, who shall designate two other judges, at least one
of whom shall be a circuit judge. The judges so designated, and the
judge to whom the request was presented, shall serve as members of
the court to hear and determine the action or proceeding.
(2) If the action is against a State, or officer or agency
thereof, at least five days' notice of hearing of the action shall
be given by registered or certified mail to the Governor and
attorney general of the State.
(3) A single judge may conduct all proceedings except the trial,
and enter all orders permitted by the rules of civil procedure
except as provided in this subsection. He may grant a temporary
restraining order on a specific finding, based on evidence
submitted, that specified irreparable damage will result if the
order is not granted, which order, unless previously revoked by the
district judge, shall remain in force only until the hearing and
determination by the district court of three judges of an
application for a preliminary injunction. A single judge shall not
appoint a master, or order a reference, or hear and determine any
application for a preliminary or permanent injunction or motion to
vacate such an injunction, or enter judgment on the merits. Any
action of a single judge may be reviewed by the full court at any
time before final judgment.