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28 U.S.C. § 1692 — Process and orders affecting property in
Federal law — U.S. Code and appendices · legal_authorities
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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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
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
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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