Notes on 28 U.S.C. § 2503 : US Code - Notes

Search Notes on 28 U.S.C. § 2503 : US Code - Notes

(June 25, 1948, ch. 646, 62 Stat. 976; Sept. 3, 1954, ch. 1263,
Sec. 53, 68 Stat. 1246; Pub. L. 97-164, title I, Sec. 139(b)(1),
Apr. 2, 1982, 96 Stat. 42; Pub. L. 102-572, title IX, Secs. 902(a),
909, Oct. 29, 1992, 106 Stat. 4516, 4519.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., Secs. 269, 276, and 278
(Mar. 3, 1911, ch. 231, Secs. 168, 170, 36 Stat. 1140; Feb. 24,
1925, ch. 301, Sec. 1, 43 Stat. 964; June 23, 1930, ch. 573, Sec.
2, 46 Stat. 799).
Section consolidates provisions relating to proceedings before
commissioners and reporter-commissioners contained in sections 269,
276, and 278 of title 28, U.S.C., 1940 ed.
Provisions of section 269 of title 28, U.S.C., 1940 ed., relating
to appointment and compensation of commissioners are incorporated
in section 792 of this title.
Words "including reporter-commissioners" after "commissioners"
were inserted to clarify meaning and conform to Rule 54(a) of the
Court of Claims authorizing oaths before reporter-commissioners.
Changes were made in phraseology.
SENATE REVISION AMENDMENT
The Senate amended this section by inserting "and when directed
by the court his recommendations for conclusions of law" following
"commissioner" in the second paragraph. This amendment authorizes
the Court to direct its commissioners to report recommendations for
conclusions of law as well as findings of fact in cases assigned to
them. 80th Congress Senate Report No. 1559, Amendment No. 50.
REFERENCES IN TEXT
The Federal Rules of Evidence, referred to in subsec. (b), are
set out in the Appendix to this title.
AMENDMENTS
1992 - Subsec. (a). Pub. L. 102-572, Sec. 902(a)(1), substituted
"United States Court of Federal Claims" for "United States Claims
Court".
Subsecs. (b), (c). Pub. L. 102-572, Sec. 902(a)(2), substituted
"Court of Federal Claims" for "Claims Court" wherever appearing.
Subsec. (d). Pub. L. 102-572, Sec. 909, added subsec. (d).
1982 - Pub. L. 97-164 substituted "Proceedings generally" for
"Proceedings before commissioners generally" in section catchline.
Subsec. (a). Pub. L. 97-164 substituted "Parties to any suit in
the United States Claims Court may appear before a judge of that
court in person or by attorney, produce evidence, and examine
witnesses" for "Parties to any suit in the Court of Claims may
appear before a commissioner in person or by attorney, produce
evidence and examine witnesses" and redesignated as subsec. (c)
provisions that, in accordance with rules and orders of the court,
commissioners would fix times for trials, administer oaths or
affirmations to and examine witnesses, receive evidence and report
findings of fact, that when directed by the court, commissioners
would report their recommendations for conclusions of law in cases
assigned to them, and that hearings would, if convenient, be held
in the counties where the witnesses resided.
Subsec. (b). Pub. L. 97-164 substituted "The proceedings of the
Claims Court shall be in accordance with such rules of practice and
procedure (other than the rules of evidence) as the Claims Court
may prescribe and in accordance with the Federal Rules of Evidence"
for "The rules of the court shall provide for the filing in court
of the commissioner's report of facts and recommendations for
conclusions of law, and for opportunity for the parties to file
exceptions thereto, and a hearing thereon before the court within a
reasonable time" and struck out provision that this section did not
prevent the court from passing upon all questions and findings
regardless of whether exceptions were taken before a commissioner.
Subsec. (c). Pub. L. 97-164 redesignated provisions in second and
third sentences of former subsec. (a) as (c) and substituted "The
judges of the Claims Court" for "In accordance with rules and
orders of the court, commissioners" and "enter dispositive
judgments" for "report findings of fact and, when directed by the
court, their recommendations for conclusions of law in cases
assigned to them".
1954 - Act Sept. 3, 1954, designated former first par. subsec.
(a), and former second par. subsec. (b), and incorporated in one
place provisions relating to function of Commissioners.
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.