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28 U.S.C. § 2352 — Repealed. Pub. L. 89–773, § 4, Nov. 6, 1966, 80 Stat. 1323]

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

28 U.S.C. § 2352 — Repealed. Pub. L. 89–773, § 4, Nov. 6, 1966, 80 Stat. 1323]

### Statutory Notes Section, Pub. L. 89–554, § 4(e), Sept. 6, 1966, 80 Stat. 624, directed the several courts of appeals to adopt and promulgate rules, subject to the approval of the Judicial Conference of the United States, governing the practice and procedure, including prehearing conference procedure, in proceedings to review orders under this chapter. See [section 2072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2072&num=0&edition=prelim). #### Savings Provision Pub. L. 89–773, § 4, Nov. 6, 1966, 80 Stat. 1323, provided in part that the repeal of this section shall not operate to invalidate or repeal rules adopted under the authority of this section prior to the enactment of Pub. L. 89–773, which rules shall remain in effect until superseded by rules prescribed under authority of [section 2072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2072&num=0&edition=prelim) as amended by Pub. L. 89–773.

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Stable record: federal_law:legal_authorities:record_usc_ecee674ac6824627338cd3e7
Source file: Laws/federal/codes/united-states-code/title-28/section-2352-repealed-pub-l-89773-4-nov-6-1966-80-stat-1323--0c93b9092e.md
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Passage SHA-256: 76e003ef1e1791de320b3370ba3ca8607052c63f4489b03e0d72f3f0aa6b1418

Source location: Title 28, Chapter 158, § 2352; chapter-158-orders-of-federal-agencies-review.md

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### Statutory Notes Section, Pub. L. 89–554, § 4(e), Sept. 6, 1966, 80 Stat. 624, directed the several courts of appeals to adopt and promulgate rules, subject to the approval of the Judicial Conference of the United States, governing the practice and procedure, including prehearing conference procedure, in proceedings to review orders under this chapter. See [section 2072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2072&num=0&edition=prelim). #### Savings Provision Pub. L. 89–773, § 4, Nov. 6, 1966, 80 Stat. 1323, provided in part that the repeal of this section shall not operate to invalidate or repeal rules adopted under the authority of this section prior to the enactment of Pub. L. 89–773, which rules shall remain in effect until superseded by rules prescribed under authority of [section 2072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2072&num=0&edition=prelim) as amended by Pub. L. 89–773.

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

28 U.S.C. § 2072 — Rules of procedure and evidence; power to prescribe

**(a)** The Supreme Court shall have the power to prescribe general rules of practice and procedure and rules of evidence for cases in the United States district courts (including proceedings before magistrate judges thereof) and courts of appeals. **(b)** Such rules shall not abridge, enlarge or modify any substantive right. All laws in conflict with such rules shall be of no further force or effect after such rules have taken effect. **(c)** Such rules may define when a ruling of a district court is final for the purposes of appeal under [section 1291 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1291&num=0&edition=prelim).

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

28 U.S.C. § 2352 — Untitled legal text

Page 594 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2350 tion’’ are omitted as unnecessary. In the last sentence, the word ‘‘applies’’ is substituted for ‘‘shall apply’’. Editorial Notes AMENDMENTS 1984—Subsec. (b). Pub. L. 98–620 struck out provisions that the hearing on an application for an interlocutory injunction be given preference and expedited and heard at the earliest practicable date after the expiration of the notice of hearing on the application, and that on the final hearing of any proceeding to review any order under this chapter, the same requirements as to prece- dence and expedition was to apply. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620 set out as an Effective Date note under section 1657 of this title. § 2350. Review in Supreme Court on certiorari or certification (a) An order granting or denying an interlocu- tory injunction under section 2349(b) of this title and a final judgment of the court of appeals in a proceeding to review under this chapter are subject to review by the Supreme Court on a writ of certiorari as provided by section 1254(1) of this title. Application for the writ shall be made within 45 days after entry of the order and within 90 days after entry of the judgment, as the case may be. The United States, the agency, or an aggrieved party may file a petition for a writ of certiorari. (b) The provisions of section 1254(2) of this title, regarding certification, and of section 2101(f) of this title, regarding stays, also apply to proceedings under this chapter. (Added Pub. L. 89–554, § 4(e), Sept. 6, 1966, 80 Stat. 624; amended Pub. L. 100–352, § 5(e), June 27,

Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 2352

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