28 U.S.C. § 2361 — Process and procedure

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, 1988, 102 Stat. 663.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large ..................... 5 U.S.C. 1040. Dec. 29, 1950, ch. 1189, § 10, 64 Stat. 1132. The words ‘‘of the United States’’ following ‘‘Su- preme Court’’ are omitted as unnecessary because the term ‘‘Supreme Court’’ as used in title 28 means the Supreme Court of the United States. The words ‘‘section 2101(f) of this title’’ are sub- stituted for ‘‘section 2101(e) of Title 28’’ on authority of the Act of May 24, 1949, ch. 139, § 106(b), 63 Stat. 104, which redesignated subsection (e) of section 2101 as sub- section (f). Editorial Notes AMENDMENTS 1988—Subsec. (b). Pub. L. 100–352 substituted ‘‘1254(2)’’ for ‘‘1254(3)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–352 effective ninety days after June 27, 1988, except that such amendment not to apply to cases pending in Supreme Court on such effec- tive date or affect right to review or manner of review- ing judgment or decree of court which was entered be- fore such effective date, see section 7 of Pub. L. 100–352, set out as a note under section 1254 of this title. § 2351. Enforcement of orders by district courts The several district courts have jurisdiction specifically to enforce, and to enjoin and re- strain any person from violating any order issued under section 193 of title 7. (Added Pub. L. 89–554, § 4(e), Sept. 6, 1966, 80 Stat. 624.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large ..................... 5 U.S.C. 1042. Dec. 29, 1950, ch. 1189, § 12, 64 Stat. 1132. The words ‘‘United States’’ preceding ‘‘district court’’ are omitted as unnecessary because the term ‘‘district court’’ as used in title 28 means a United States district court. See section 451 of title 28, United States Code. The words ‘‘have jurisdiction’’ are sub- stituted for ‘‘are vested with jurisdiction’’. The words ‘‘heretofore or hereafter’’ following ‘‘order’’ are omit- ted as unnecessary and any existing rights and liabil- ities are preserved by technical sections 7 and 8. [§ 2352. Repealed. Pub. L. 89–773, § 4, Nov. 6, 1966, 80 Stat. 1323] 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 Judi- cial Conference of the United States, governing the practice and procedure, including prehearing con- ference procedure, in proceedings to review orders under this chapter. See section 2072 of this title. Statutory Notes and Related Subsidiaries 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 author- ity of this section prior to the enactment of Pub. L. 89–773, which rules shall remain in effect until super- seded by rules prescribed under authority of section 2072 of this title as amended by Pub. L. 89–773. [§ 2353. Repealed. Pub. L. 97–164, title I, § 138, Apr. 2, 1982, 96 Stat. 42] Section, added Pub. L. 91–577, title III, § 143(c), Dec. 24, 1970, 84 Stat. 1559, gave the court of appeals non- exclusive jurisdiction to hear appeals under section 71 of the Plant Variety Protection Act (7 U.S.C. 2461). See section 1295(a)(8) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amendment note under section 171 of this title. CHAPTER 159—INTERPLEADER Sec. 2361. Process and procedure. § 2361. Process and procedure In any civil action of interpleader or in the na- ture of interpleader under section 1335 of this title, a district court may issue its process for all claimants and enter its order restraining Page 595 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2401 them from instituting or prosecuting any pro- ceeding in any State or United States court af- fecting the property, instrument or obligation involved in the interpleader action until further order of the court. Such process and order shall be returnable at such time as the court or judge thereof directs, and shall be addressed to and served by the United States marshals for the re- spective districts where the claimants reside or may be found. Such district court shall hear and determine the case, and may discharge the plaintiff from further liability, make the injunction perma- nent, and make all appropriate orders to enforce its judgment. (June 25, 1948, ch. 646, 62 Stat. 970; May 24, 1949, ch. 139, § 117, 63 Stat. 105.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 28, U.S.C., 1940 ed., § 41(26) (Mar. 3, 1911, ch. 231, § 24, par. 26, as added Jan. 20, 1936, ch. 13, § 1, 49 Stat. 1096). Jurisdiction and venue provisions of section 41(26) of title 28, U.S.C., 1940 ed., appear in sections 1335 and 1397 of this title. Subsection (e) of section 41(26) of title 28, U.S.C., 1940 ed., relating to defense in nature of interpleader and joinder of additional parties, was omitted as unneces- sary, such matters being governed by the Federal Rules of Civil Procedure. Words, ‘‘Notwithstanding any provision of part I of this title to the contrary’’ were omitted as unneces- sary, since the revised title contains no ‘‘contrary pro- visions.’’ Changes were made in phraseology. 1949 ACT This section makes clear that section 2361 of title 28, U.S.C., applies only to statutory actions and not to general equity interpleader suits in which the jurisdic- tional amount and diversity of citizenship require- ments are the same as in other diversity cases. Editorial Notes AMENDMENTS 1949—Act May 24, 1949, substituted ‘‘In any civil ac- tion of interpleader or in the nature of interpleader under section 1335 under this title’’ for ‘‘In any inter- pleader action,’’, and inserted ‘‘or prosecuting’’ be- tween ‘‘instituting’’ and ‘‘any proceeding’’. CHAPTER 161—UNITED STATES AS PARTY GENERALLY Sec. 2401. Time for commencing action against United States. 2402. Jury trial in actions against United States. 2403. Intervention by United States or a State; constitutional question. 2404. Death of defendant in damage action. 2405. Garnishment. 2406. Credits in actions by United States; prior dis- allowance. 2407. Delinquents for public money; judgment at return term; continuance. 2408. Security not required of United States. 2409. Partition actions involving United States. 2409a. Real property quiet title actions. 2410. Actions affecting property on which United States has lien. 2411. Interest. 2412. Costs and fees. 2413. Executions in favor of United States. Sec. 2414. Payment of judgments and compromise set- tlements. 2415. Time for commencing actions brought by the United States. 2416. Time for commencing actions brought by the United States—Exclusions. HISTORICAL AND REVISION NOTES 1949 ACT This section amends the analysis of chapter 161 of title 28, U.S.C., to conform item 2411 therein with the catch line of section 2411 of such title as amended by another section of this bill. Editorial Notes AMENDMENTS 1980—Pub. L. 96–481, title II, § 204(b), Oct. 21, 1980, 94 Stat. 2329, substituted ‘‘Costs and fees’’ for ‘‘Costs’’ in item 2412. 1976—Pub. L. 94–381, § 6, Aug. 12, 1976, 90 Stat. 1120, in- serted ‘‘or a State’’ after ‘‘United States’’ in item 2403. 1972—Pub. L. 92–562, § 3(b), Oct. 25, 1972, 86 Stat. 1177, added item 2409a. 1966—Pub. L. 89–505, § 2, July 18, 1966, 80 Stat. 305, added items 2415 and 2416. 1961—Pub. L. 87–187, § 2, Aug. 30, 1961, 75 Stat. 416, sub- stituted ‘‘and compromise settlements’’ for ‘‘against the United States’’ in item 2414. 1954—Act July 30, 1954, ch. 648, § 2(b), 68 Stat. 589, struck out ‘‘denied’’ in item 2402. 1949—Act May 24, 1949, ch. 139, § 118, 63 Stat. 105, sub- stituted ‘‘Interest’’ for ‘‘Interest on judgments against United States’’ in item 2411. § 2401. Time for commencing action against United States (a) Except as provided by chapter 71 of title 41, every civil action commenced against the United States shall be barred unless the com- plaint is filed within six years after the right of action first accrues. The action of any person under legal disability or beyond the seas at the time the claim accrues may be commenced within three years after the disability ceases. (b) A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency with- in two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of no- tice of final denial of the claim by the agency to which it was presented. (June 25, 1948, ch. 646, 62 Stat. 971; Apr. 25, 1949, ch. 92, § 1, 63 Stat. 62; Pub. L. 86–238, § 1(3), Sept. 8, 1959, 73 Stat. 472; Pub. L. 89–506, § 7, July 18, 1966, 80 Stat. 307; Pub. L. 95–563, § 14(b), Nov. 1, 1978, 92 Stat. 2389; Pub. L. 111–350, § 5(g)(8), Jan. 4, 2011, 124 Stat. 3848.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 41(20), 942 (Mar. 3, 1911, ch. 231, § 24, part 20, 36 Stat. 1093; Nov. 23, 1921, ch. 136, § 1310(c), 42 Stat. 311; June 2, 1924, 4:01 p.m., ch. 234, § 1025(c), 43 Stat. 348; Feb. 24, 1925, ch. 309, 43 Stat. 972; Feb. 26, 1926, ch. 27, §§ 1122(c), 1200, 44 Stat. 121, 125; Aug. 2, 1946, ch. 753, § 420, 60 Stat. 845). Section consolidates provision in section 41(20) of title 28, U.S.C., 1940 ed., as to time limitation for bring- ing actions against the United States under section 1346(a) of this title, with section 942 of said title 28. Words ‘‘or within one year after the date of enact- ment of this Act whichever is later’’, in section 942 of title 28, U.S.C., 1940 ed., were omitted as executed.