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28 U.S.C. § 2101 — Supreme Court; time for appeal or certiorari; docketing; stay

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2101 — Supreme Court; time for appeal or certiorari; docketing; stay

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Stable record: federal_law:legal_authorities:record_usc_8cc68a95623e295f9ecba592
Source file: Laws/federal/codes/united-states-code/title-28/section-2101-supreme-court-time-for-appeal-or-certiorari-docketing-stay--1d8425e903.md
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Source location: Title 28, Chapter 133, § 2101; chapter-133-review-miscellaneous-provisions.md

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**(a)** A direct appeal to the Supreme Court from any decision under [section 1253 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1253&num=0&edition=prelim), holding unconstitutional in whole or in part, any Act of Congress, shall be taken within thirty days after the entry of the interlocutory or final order, judgment or decree. The record shall be made up and the case docketed within sixty days from the time such appeal is taken under rules prescribed by the Supreme Court. **(b)** Any other direct appeal to the Supreme Court which is authorized by law, from a decision of a district court in any civil action, suit or proceeding, shall be taken within thirty days from the judgment, order or decree, appealed from, if interlocutory, and within sixty days if final. **(c)** Any other appeal or any writ of certiorari intended to bring any judgment or decree in a civil action, suit or proceeding before the Supreme Court for review shall be taken or applied for within ninety days after the entry of such judgment or decree. A justice of the Supreme Court, for good cause shown, may extend the time for applying for a writ of certiorari for a period not exceeding sixty days. **(d)** The time for appeal or application for a writ of certiorari to review the judgment of a State court in a criminal case shall be as prescribed by rules of the Supreme Court. **(e)** An application to the Supreme Court for a writ of certiorari to review a case before judgment has been rendered in the court of appeals may be made at any time before judgment. **(f)** In any case in which the final judgment or decree of any court is subject to review by the Supreme Court on writ of certiorari, the execution and enforcement of such judgment or decree may be stayed for a reasonable time to enable the party aggrieved to obtain a writ of certiorari from the Supreme Court. The stay may be granted by a judge of the court rendering the judgment or decree or by a justice of the Supreme Court, and may be conditioned on the giving of security, approved by such judge or justice, that if the aggrieved party fails to make application for such writ within the period allotted therefor, or fails to obtain an order granting his application, or fails to make his plea good in the Supreme Court, he shall answer for all damages and costs which the other party may sustain by reason of the stay. **(g)** The time for application for a writ of certiorari to review a decision of the United States Court of Appeals for the Armed Forces, or the decision of a Court of Criminal Appeals that the United States Court of Appeals for the Armed Forces refuses to grant a petition to review, shall be as prescribed by rules of the Supreme Court.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 867a — Art. 67a. Review by the Supreme Court

**(a)** Decisions of the United States Court of Appeals for the Armed Forces are subject to review by the Supreme Court by writ of certiorari as provided in [section 1259 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1259&num=0&edition=prelim). **(b)** The accused may petition the Supreme Court for a writ of certiorari without prepayment of fees and costs or security therefor and without filing the affidavit required by [section 1915(a) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1915/a&num=0&edition=prelim).

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15 U.S.C. § 29 — Appeals

**(a) Court of appeals; review by Supreme Court** Except as otherwise expressly provided by this section, in every civil action brought in any district court of the United States under the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies”, approved July 2, 1890, or any other Acts having like purpose that have been or hereafter may be enacted, in which the United States is the complainant and equitable relief is sought, any appeal from a final judgement entered in any such action shall be taken to the court of appeals pursuant to sections 1291 and 2107 of title 28. Any appeal from an interlocutory order entered in any such action shall be taken to the court of appeals pursuant to sections 1292(a)(1) and 2107 of title 28 but not otherwise. Any judgment entered by the court of appeals in any such action shall be subject to review by the Supreme Court upon a writ of certiorari as provided in [section 1254(1) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1254/1&num=0&edition=prelim). **(b) Direct appeals to Supreme Court** An appeal from a final judgment pursuant to subsection (a) shall lie directly to the Supreme Court, if, upon application of a party filed within fifteen days of the filing of a notice of appeal, the district judge who adjudicated the case enters an order stating that immediate consideration of the appeal by the Supreme Court is of general public importance in the administration of justice. Such order shall be filed within thirty days after the filing of a notice of appeal. When such an order is filed, the appeal and any cross appeal shall be docketed in the time and manner prescribed by the rules of the Supreme Court. The Supreme Court shall thereupon either (1) dispos

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 801 — Article 1. Definitions

In this chapter (the Uniform Code of Military Justice): (1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security. (2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force. (3) The term “commanding officer” includes only commissioned officers. (4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority. (5) The term “superior commissioned officer” means a commissioned officer superior in rank or command. (6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy. (7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service. (8) The term “military” refers to any or all of the armed forces. (9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused. (10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 354 — Action by judicial council

**(a) Actions Upon Receipt of Report.—** (1) **Actions.—** — The judicial council of a circuit, upon receipt of a report filed under section 353(c)— (A) may conduct any additional investigation which it considers to be necessary; (B) may dismiss the complaint; and (C) if the complaint is not dismissed, shall take such action as is appropriate to assure the effective and expeditious administration of the business of the courts within the circuit. (2) **Description of possible actions if complaint not dismissed.—** (A) *In general.—* — Action by the judicial council under paragraph (1)(C) may include— (i) ordering that, on a temporary basis for a time certain, no further cases be assigned to the judge whose conduct is the subject of a complaint; (ii) censuring or reprimanding such judge by means of private communication; and (iii) censuring or reprimanding such judge by means of public announcement. (B) *For article iii judges.—* — If the conduct of a judge appointed to hold office during good behavior is the subject of the complaint, action by the judicial council under paragraph (1)(C) may include— (i) certifying disability of the judge pursuant to the procedures and standards provided under section 372(b); and (ii) requesting that the judge voluntarily retire, with the provision that the length of service requirements under [section 371 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section371&num=0&edition=prelim) shall not apply. (C) *For magistrate judges.—* — If the conduct of a magistrate judge is the subject of the complaint, action by the judicial council under paragraph (1)(C) may include directing the chief judge of the district of the magistrate judge to take such action as the

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1254 — Courts of appeals; certiorari; certified questions

Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods: (1) By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree; (2) By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1253 — Direct appeals from decisions of three-judge courts

Except as otherwise provided by law, any party may appeal to the Supreme Court from an order granting or denying, after notice and hearing, an interlocutory or permanent injunction in any civil action, suit or proceeding required by any Act of Congress to be heard and determined by a district court of three judges.

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 1240 — Transferred

### Statutory Notes #### Codification Section, acts Mar. 24, 1934, ch. 84, § 10, 48 Stat. 463; Aug. 7, 1939, ch. 502, § 3, 53 Stat. 1230, related to recognition of Philippine independence, withdrawal of American sovereignty, and property for diplomatic purposes, and was transferred to [section 1394 of Title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1394&num=0&edition=prelim), Foreign Relations and Intercourse.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2109 — Quorum of Supreme Court justices absent

If a case brought to the Supreme Court by direct appeal from a district court cannot be heard and determined because of the absence of a quorum of qualified justices, the Chief Justice of the United States may order it remitted to the court of appeals for the circuit including the district in which the case arose, to be heard and determined by that court either sitting in banc or specially constituted and composed of the three circuit judges senior in commission who are able to sit, as such order may direct. The decision of such court shall be final and conclusive. In the event of the disqualification or disability of one or more of such circuit judges, such court shall be filled as provided in chapter 15 of this title.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 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 prel

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28 U.S.C. § 2101 — Supreme Court; time for appeal or certio-

Page 508 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2077 Stat. 806, authorized the Supreme Court to prescribe amendments to Federal Rules of Evidence. See sections 2072 to 2074 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Dec. 1, 1988, see section 407 of Pub. L. 100–702, set out as an Effective Date of 1988 Amendment note under section 2071 of this title. § 2077. Publication of rules; advisory committees (a) The rules for the conduct of the business of each court of appeals, including the operating procedures of such court, shall be published. Each court of appeals shall print or cause to be printed necessary copies of the rules. The Judi- cial Conference shall prescribe the fees for sales of copies under section 1913 of this title, but the Judicial Conference may provide for free dis- tribution of copies to members of the bar of each court and to other interested persons. (b) Each court, except the Supreme Court, that is authorized to prescribe rules of the con- duct of such court’s business under section 2071 of this title shall appoint an advisory committee for the study of the rules of practice and inter- nal operating procedures of such court and, in the case of an advisory committee appointed by a court of appeals, of the rules of the judicial council of the circuit. The advisory committee shall make recommendations to the court con- cerning such rules and procedures. Members of the committee shall serve without compensa- tion, but the Director may pay travel and trans- portation expenses in accordance with section 5703 of title 5. (Added Pub. L. 97–164, title II, § 208(a), Apr. 2, 1982, 96 Stat. 54; amended Pub. L. 100–702, title IV, § 401(b), Nov. 19, 1988, 102 Stat. 4650; Pub. L.

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