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28 U.S.C. § 129 — West Virginia
Federal law — U.S. Code and appendices · legal_authorities
West Virginia is divided into two judicial districts to be known as the Northern and Southern Districts of West Virginia.
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Source file: Laws/federal/codes/united-states-code/title-28/section-129-west-virginia--2251999ccc.md
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Source location: Title 28, Chapter 5, § 129; chapter-005-district-courts.md
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West Virginia is divided into two judicial districts to be known as the Northern and Southern Districts of West Virginia.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts June 25, 1948, ch. 646, 62 Stat. 898; Oct. 9, 1962, Pub. L. 87–764, 76 Stat. 762; Nov. 19, 1977, Pub. L. 95–196, 91 Stat. 1420, related to the providing of accommodations at places for holding court. See [section 462 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section462&num=0&edition=prelim).
#### Effective Date of Repeal
Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amendment note under [section 171 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section171&num=0&edition=prelim).
#### Waiver of Limitations and Restrictions
The limitations and restrictions contained in this section prior to its repeal were waived with respect to the holding of court at certain places by the following Acts:
Pub. L. 87–833, Oct. 15, 1962, 76 Stat. 959, related to Akron, Ohio.
Pub. L. 87–699, Sept. 25, 1962, 76 Stat. 598, related to Richland, Washington.
Pub. L. 87–562, § 4, July 30, 1962, 76 Stat. 248, related to Fort Myers, Saint Petersburg, Fort Pierce, and West Palm Beach, Florida.
Pub. L. 87–560, July 27, 1962, 76 Stat. 247, related to Marshall, Texas.
Pub. L. 87–559, July 27, 1962, 76 Stat. 246, related to Decatur, Alabama.
Pub. L. 87–553, July 27, 1962, 76 Stat. 222, related to Winchester, Tennessee.
Pub. L. 87–551, July 27, 1962, 76 Stat. 221, related to Bridgeport, Connecticut.
Pub. L. 87–337, Oct. 3, 1961, 75 Stat. 750, related to Lafayette, Louisiana.
Pub. L. 87–36, § 3(g), May 19, 1961, 75 Stat. 83, related to Kalamazoo, Michigan; Fayetteville, North Carolina; and Dyersburg, Tennessee.
Pub. L. 86–366, Sept. 22, 1959, 73 Stat. 647, related to Durant, Oklahoma.
Act July 20, 1956, ch. 657, 70 Stat. 594
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Federal law — U.S. Code and appendices · legal_authorities
**(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 exerci
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Federal law — U.S. Code and appendices · legal_authorities
Page 56
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 129
(June 25, 1948, ch. 646, 62 Stat. 894; Pub. L. 87–699,
Sept. 25, 1962, 76 Stat. 598; Pub. L. 91–272, § 4,
June 2, 1970, 84 Stat. 297; Pub. L. 110–161, div. D,
title III, § 308, Dec. 26, 2007, 121 Stat. 1990; Pub. L.
118–73, § 2(b), July 30, 2024, 138 Stat. 1504.)
HISTORICAL AND REVISION NOTES
Based on title 28, U.S.C., 1940 ed., § 193 (Mar. 3, 1911,
ch. 231, § 112, 36 Stat. 1128; June 15, 1937, ch. 351, 50 Stat.
260; Dec. 28, 1945, ch. 596, 59 Stat. 661).
Words ‘‘with the waters thereof,’’ after the list of
counties in each division, were omitted as unnecessary,
and in view of the absence of such words in most simi-
lar sections relating to other States.
A provision relating to the maintenance of offices by
the clerks were omitted as covered by section 751 of
this title.
Provisions that the counties in both divisions of the
eastern district included all Indian reservations in such
counties and that the counties in both divisions of the
western district included all Indian reservations in
such counties were omitted as surplusage. (See Revis-
er’s Note under section 114 of this title.)
Pend Oreille County of the northern division of the
eastern district and Grays Harbor of the southern divi-
sion of the western district were created since the en-
actment of the Judicial Code.
Changes in arrangement and phraseology were made.
Editorial Notes
AMENDMENTS
2024—Subsec. (b). Pub. L. 118–73 inserted ‘‘Mount
Vernon,’’ after ‘‘Tacoma,’’.
2007—Subsec. (b). Pub. L. 110–161 substituted ‘‘Bel-
lingham, Seattle, Tacoma, and Vancouver’’ for ‘‘Bel-
lingham, Seattle, and Tacoma’’.
1970—Subsec. (a). Pub. L. 91–272, § 4(a), struck out pro-
visions which had divided Eastern District into a
Northern Division a
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 129
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