28 U.S.C. § 1658 — Time limitations on the commencement of

Page 441 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1658 theretofore acquired in a district court upon property within such district, division or terri- tory. To enforce such lien, the clerk of the court in which the same is acquired, upon the request and at the cost of the party desiring the same, shall make a certified copy of the record there- of, which, when filed in the proper court of the district or division in which such property is sit- uated after such creation or transfer shall be evidence in all courts and places equally with the original thereof; and, thereafter like pro- ceedings shall be had thereon, and with the same effect, as though the case or proceeding had been originally instituted in such court. (June 25, 1948, ch. 646, 62 Stat. 944; Pub. L. 95–598, title II, § 242, Nov. 6, 1978, 92 Stat. 2671.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 122 (Mar. 3, 1911, ch. 231, § 60, 36 Stat. 1103). A provision as to creation of a new district or divi- sion or transfer of territory before March 3, 1911, was omitted as obsolete. Words descriptive of the lien were omitted as unnec- essary. Changes were made in phraseology. Editorial Notes AMENDMENTS 1978—Pub. L. 95–598 directed the amendment of sec- tion by inserting ‘‘or in a bankruptcy court’’ after ‘‘a district court’’, which amendment did not become ef- fective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. § 1657. Priority of civil actions (a) Notwithstanding any other provision of law, each court of the United States shall deter- mine the order in which civil actions are heard and determined, except that the court shall ex- pedite the consideration of any action brought under chapter 153 or section 1826 of this title, any action for temporary or preliminary injunc- tive relief, or any other action if good cause therefor is shown. For purposes of this sub- section, ‘‘good cause’’ is shown if a right under the Constitution of the United States or a Fed- eral Statute (including rights under section 552 of title 5) would be maintained in a factual con- text that indicates that a request for expedited consideration has merit. (b) The Judicial Conference of the United States may modify the rules adopted by the courts to determine the order in which civil ac- tions are heard and determined, in order to es- tablish consistency among the judicial circuits. (Added Pub. L. 98–620, title IV, § 401(a), Nov. 8, 1984, 98 Stat. 3356.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 98–620, title IV, § 403, Nov. 8, 1984, 98 Stat. 3361, provided that: ‘‘The amendments made by this subtitle [subtitle A (§§ 401–403) of title IV of Pub. L. 98–620, en- acting this section, amending sections 596, 636, 1364, 2284, and 2349 of this title, section 687 of Title 2, The Congress, section 552 of Title 5, Government Organiza- tion and Employees, sections 8, 136d, 136h, 136n, 136w, 194, 1366, 1600, and 1601 of Title 7, Agriculture, section 1464 of Title 12, Banks and Banking, sections 18a, 21, 45, 57a–1, 78k–1, 687a, 687c, 719h, 1415, 2003, and 2622 of Title 15, Commerce and Trade, sections 1463a, 1910, 3117, and 3168 of Title 16, Conservation, sections 1964 and 1966 of Title 18, Crimes and Criminal Procedure, sections 346a and 348 of Title 21, Food and Drugs, section 618 of Title 22, Foreign Relations and Intercourse, section 640d–3 of Title 25, Indians, sections 3310, 6110, 6363, 7609, 9010, and 9011 of Title 26, Internal Revenue Code, sections 110, 160, 660, and 1303 of Title 29, Labor, section 816 of Title 30, Mineral Lands and Mining, section 2022 [now 4302] of Title 38, Veterans’ Benefits, section 3628 of Title 39, Postal Service, sections 300j–9, 504, 6508, and 8514 of Title 42, The Public Health and Welfare, sections 1062, 1349, 1652, and 2011 of Title 43, Public Lands, sections 355, 745, 1018, and 1205 of Title 45, Railroads, section 402 of Title 47, Telecommunications, section 2305 of former Title 49, Transportation, sections 792a and 3811 of Title 50, War and National Defense, section 1984 of the former Appendix to Title 50, and sections 30109 and 30110 of Title 52, Voting and Elections, repealing sections 1296 and 2647 of this title, section 28 of Title 15, and section 3614 of Title 42, and amending provisions set out as a note under section 2304 of Title 10, Armed Forces] shall not apply to cases pending on the date of the enact- ment of this subtitle [Nov. 8, 1984].’’ § 1658. Time limitations on the commencement of civil actions arising under Acts of Congress (a) Except as otherwise provided by law, a civil action arising under an Act of Congress en- acted after the date of the enactment of this section may not be commenced later than 4 years after the cause of action accrues. (b) Notwithstanding subsection (a), a private right of action that involves a claim of fraud, deceit, manipulation, or contrivance in con- travention of a regulatory requirement con- cerning the securities laws, as defined in section 3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(47)), may be brought not later than the earlier of— (1) 2 years after the discovery of the facts constituting the violation; or (2) 5 years after such violation. (Added Pub. L. 101–650, title III, § 313(a), Dec. 1, 1990, 104 Stat. 5114; amended Pub. L. 107–204, title VIII, § 804(a), July 30, 2002, 116 Stat. 801.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 101–650, which was approved Dec. 1, 1990. AMENDMENTS 2002—Pub. L. 107–204 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–204, title VIII, § 804(b), July 30, 2002, 116 Stat. 801, provided that: ‘‘The limitations period pro- vided by section 1658(b) of title 28, United States Code, as added by this section, shall apply to all proceedings addressed by this section that are commenced on or after the date of enactment of this Act [July 30, 2002].’’ EFFECTIVE DATE Pub. L. 101–650, title III, § 313(c), Dec. 1, 1990, 104 Stat. 5115, provided that: ‘‘The amendments made by this section [enacting this section] shall apply with respect 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