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28 U.S.C. § 1692 — Process and orders affecting property in

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

28 U.S.C. § 1692 — Process and orders affecting property in

Page 442 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1659 to causes of action accruing on or after the date of the enactment of this Act [Dec. 1, 1990].’’ NO CREATION OF ACTIONS Pub. L. 107–204, title VIII, § 804(c), July 30, 2002, 116 Stat. 801, provided that: ‘‘Nothing in this section [amending this section and enacting provisions set out as a note under this section] shall create a new, private right of action.’’ § 1659. Stay of certain actions pending disposi- tion of related proceedings before the United States International Trade Commission (a) STAY.—In a civil action involving parties that are also parties to a proceeding before the United States International Trade Commission under section 337 of the Tariff Act of 1930, at the request of a party to the civil action that is also a respondent in the proceeding before the Com- mission, the district court shall stay, until the determination of the Commission becomes final, proceedings in the civil action with respect to any claim that involves the same issues in- volved in the proceeding before the Commission, but only if such request is made within— (1) 30 days after the party is named as a re- spondent in the proceeding before the Commis- sion, or (2) 30 days after the district court action is filed, whichever is later. (b) USE OF COMMISSION RECORD.—Notwith- standing section 337(n)(1) of the Tariff Act of 1930, after dissolution of a stay under subsection (a), the record of the proceeding before the United States International Trade Commission shall be transmitted to the district court and shall be admissible in the civil action, subject to such protective order as the district court deter- mines necessary, to the extent permitted under the Federal Rules of Evidence and the Federal Rule

Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1692

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Stable record: federal_law:legal_authorities:usc2024-1fd2c7182aec41197160432d
Source file: Laws/federal/codes/united-states-code-2024/title-28/section-1692-process-and-orders-affecting-property-in--414b5519b4.md
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Source location: USCODE-2024-title28-partV-chap113-sec1692.pdf

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Page 442 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1659 to causes of action accruing on or after the date of the enactment of this Act [Dec. 1, 1990].’’ NO CREATION OF ACTIONS Pub. L. 107–204, title VIII, § 804(c), July 30, 2002, 116 Stat. 801, provided that: ‘‘Nothing in this section [amending this section and enacting provisions set out as a note under this section] shall create a new, private right of action.’’ § 1659. Stay of certain actions pending disposi- tion of related proceedings before the United States International Trade Commission (a) STAY.—In a civil action involving parties that are also parties to a proceeding before the United States International Trade Commission under section 337 of the Tariff Act of 1930, at the request of a party to the civil action that is also a respondent in the proceeding before the Com- mission, the district court shall stay, until the determination of the Commission becomes final, proceedings in the civil action with respect to any claim that involves the same issues in- volved in the proceeding before the Commission, but only if such request is made within— (1) 30 days after the party is named as a re- spondent in the proceeding before the Commis- sion, or (2) 30 days after the district court action is filed, whichever is later. (b) USE OF COMMISSION RECORD.—Notwith- standing section 337(n)(1) of the Tariff Act of 1930, after dissolution of a stay under subsection (a), the record of the proceeding before the United States International Trade Commission shall be transmitted to the district court and shall be admissible in the civil action, subject to such protective order as the district court deter- mines necessary, to the extent permitted under the Federal Rules of Evidence and the Federal Rules of Civil Procedure. (Added Pub. L. 103–465, title III, § 321(b)(1)(A), Dec. 8, 1994, 108 Stat. 4945.) Editorial Notes REFERENCES IN TEXT Section 337 of the Tariff Act of 1930, referred to in text, is classified to section 1337 of Title 19, Customs Duties. The Federal Rules of Evidence and the Federal Rules of Civil Procedure, referred to in subsec. (b), are set out in the Appendix to this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to complaints filed under section 1337 of Title 19, Customs Duties, on or after the date on which the World Trade Organization Agreement enters into force with respect to the United States [Jan. 1, 1995], or in cases under section 1337 of Title 19 in which no complaint is filed, with respect to investigations initiated under such section on or after such date, see section 322 of Pub. L. 103–465, set out as an Effective Date of 1994 Amendment note under sec- tion 1337 of Title 19. CHAPTER 113—PROCESS Sec. 1691. Seal and teste of process. Sec. 1692. Process and orders affecting property in dif- ferent districts. 1693. Place of arrest in civil action. 1694. Patent infringement action. 1695. Stockholder’s derivative action. 1696. Service in foreign and international litiga- tion. 1697. Service in multiparty, multiforum actions. Editorial Notes AMENDMENTS 2002—Pub. L. 107–273, div. C, title I, § 11020(b)(4)(A)(ii), Nov. 2, 2002, 116 Stat. 1828, added item 1697. 1964—Pub. L. 88–619, § 4(b), Oct. 3, 1964, 78 Stat. 996, added item 1696. § 1691. Seal and teste of process All writs and process issuing from a court of the United States shall be under the seal of the court and signed by the clerk thereof. (June 25, 1948, ch. 646, 62 Stat. 945.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 721 (R.S. § 911; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167). Provisions as to teste of process issuing from the dis- trict courts were omitted as superseded by Rule 4 (b) of the Federal Rules of Civil Procedure. Provision for teste of the Chief Justice of writs and process was omitted as unnecessary. A provision requiring the United States to bear the expense of providing seals was omitted as unnecessary and obsolete. Changes were made in phraseology. Statutory Notes and Related Subsidiaries IMMUNITY FROM SEIZURE UNDER JUDICIAL PROCESS OF CULTURAL OBJECTS IMPORTED FOR TEMPORARY EXHI- BITION OR DISPLAY Presidential determination of cultural significance of objects and exhibition or display thereof in the na- tional interest, see section 2459 of Title 22, Foreign Re- lations and Intercourse. § 1692. Process and orders affecting property in different districts In proceedings in a district court where a re- ceiver is appointed for property, real, personal, or mixed, situated in different districts, process may issue and be executed in any such district as if the property lay wholly within one district, but orders affecting the property shall be en- tered of record in each of such districts. (June 25, 1948, ch. 646, 62 Stat. 945.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 117 (Mar. 3, 1911, ch. 231, § 56, 36 Stat. 1102). Provisions of section 117 of title 28, U.S.C., 1940 ed., as to jurisdiction and control of a receiver of property in several districts are the basis of section 754 of this title. For explanation of revision of section 117 of title 28, U.S.C., 1940 ed., and its extension to include property, not only in the same judicial circuit, but in any judi- cial circuit. (See reviser’s note under section 754 of this title.) Changes were made in phraseology. § 1693. Place of arrest in civil action Except as otherwise provided by Act of Con- gress, no person shall be arrested in one district

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

28 U.S.C. § 1692 — Process and orders affecting property in different districts

In proceedings in a district court where a receiver is appointed for property, real, personal, or mixed, situated in different districts, process may issue and be executed in any such district as if the property lay wholly within one district, but orders affecting the property shall be entered of record in each of such districts.

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