28 U.S.C. § 104 — Mississippi

Page 40 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 103 1964, 78 Stat. 1003; Pub. L. 91–272, § 11, June 2, 1970, 84 Stat. 298.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 168 (Mar. 3, 1911, ch. 231, § 88, 36 Stat. 1114; July 9, 1912, ch. 222, 37 Stat. 190; Mar. 31, 1930, ch. 101, 46 Stat. 138). Provisions of section 168 of title 28, U.S.C., 1940 ed., relating to venue, were omitted as covered by section 1391 et seq. of this title. A provision for a special or adjourned term at Bay City for the hearing of admiralty cases, beginning in February of each year, was omitted. Adequate provi- sion is made for such terms by section 141 of this title. Words ‘‘and mileage on service of process in said northern division shall be computed from Bay City,’’ at the end of the section, were omitted as covered by sec- tion 553 of this title. Provisions relating to appointment and residence of deputy clerks and deputy marshals and maintenance of offices by such deputies were omitted as covered by sections 541 [see 561], 542 [see 561], and 751 of this title. Changes in arrangement and phraseology were made. Editorial Notes AMENDMENTS 1970—Subsec. (b)(1). Pub. L. 91–272 provided for hold- ing court at Traverse City. 1964—Subsec. (a). Pub. L. 88–627 transferred counties of Genesee and Shiawassee from Northern Division to Southern Division, added Ann Arbor and Flint as places of court for Southern Division, and struck out Flint as a place for holding court. 1961—Subsec. (b)(1). Pub. L. 87–36 provided for holding court at Lansing instead of Mason. 1954—Subsec. (a)(1). Act Feb. 10, 1954, § 2(b)(8)(a), struck out counties of Branch, Calhoun, Clinton, Hills- dale, and Ingham, with respect to Southern Division of Eastern District. Subsec. (a)(2). Act Feb. 10, 1954, § 2(b)(8)(b), sub- stituted ‘‘Flint’’ for ‘‘Port Huron’’, as a place for hold- ing court. Subsec. (b)(1). Act Feb. 10, 1954, § 2(b)(8)(c), inserted a reference to counties of Branch, Calhoun, Clinton, Hillsdale, and Ingham, with respect to composition of Southern Division of the Western District, and pro- vided for holding court at Kalamazoo and Mason. § 103. Minnesota Minnesota constitutes one judicial district comprising six divisions. (1) The First Division comprises the counties of Dodge, Fillmore, Houston, Mower, Olmsted, Steele, Wabasha, and Winona. Court for the First Division shall be held at Winona. (2) The Second Division comprises the coun- ties of Blue Earth, Brown, Cottonwood, Faribault, Freeborn, Jackson, Lac qui Parle, Le Sueur, Lincoln, Lyon, Martin, Murray, Nicollet, Nobles, Pipestone, Redwood, Rock, Sibley, Waseca, Watonwan, and Yellow Medicine. Court for the Second Division shall be held at Mankato. (3) The Third Division comprises the coun- ties of Chisago, Dakota, Goodhue, Ramsey, Rice, Scott, and Washington. Court for the Third Division shall be held at Saint Paul. (4) The Fourth Division comprises the coun- ties of Anoka, Carver, Chippewa, Hen- nepin, Isanti, Kandiyohi, McLeod, Meek- er, Renville, Sherburne, Swift, and Wright. Court for the Fourth Division shall be held at Minneapolis. (5) The Fifth Division comprises the coun- ties of Aitkin, Benton, Carlton, Cass, Cook, Crow Wing, Itasca, Kanabec, Koochiching, Lake, Mille Lacs, Morri- son, Pine, and Saint Louis. Court for the Fifth Division shall be held at Duluth. (6) The Sixth Division comprises the coun- ties of Becker, Beltrami, Big Stone, Clay, Clearwater, Douglas, Grant, Hub- bard, Kittson, Lake of the Woods, Mahnomen, Marshall, Norman, Otter Tail, Pennington, Polk, Pope, Red Lake, Roseau, Stearns, Stevens, Todd, Tra- verse, Wadena, and Wilkin. Court for the Sixth Division shall be held at Fergus Falls and Bemidji. (June 25, 1948, ch. 646, 62 Stat. 882; Pub. L. 110–406, § 18, Oct. 13, 2008, 122 Stat. 4295.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 169 (Mar. 3, 1911, ch. 231, § 89, 36 Stat. 1115; Apr. 10, 1926, ch. 113, 44 Stat. 238). Provisions relating to the appointment and residence of deputy clerks and the maintenance of offices by them were omitted as covered by section 751 of this title. The counties of Pennington and Lake of the Woods, in the Sixth Division, were created since the enactment of the Judicial Code. Changes in arrangement and phraseology were made. Editorial Notes AMENDMENTS 2008—Par. (6). Pub. L. 110–406 inserted ‘‘and Bemidji’’ after ‘‘Fergus Falls’’. § 104. Mississippi Mississippi is divided into two judicial dis- tricts to be known as the northern and southern districts of Mississippi. Northern District (a) The northern district comprises three divi- sions. (1) The Aberdeen Division comprises the counties of Alcorn, Chickasaw, Choctaw, Clay, Itawamba, Lee, Lowndes, Monroe, Oktibbeha, Prentiss, Tishomingo, Web- ster, and Winston. Court for the Aberdeen Division shall be held at Aberdeen, Ackerman, and Cor- inth. (2) The Oxford Division comprises the coun- ties of Benton, Calhoun, DeSoto, Lafay- ette, Marshall, Panola, Pontotoc, Quitman, Tallahatchie, Tate, Tippah, Tunica, Union, and Yalobusha. Court for the Oxford Division shall be held at Oxford. (3) The Greenville Division comprises the counties of Attala, Bolivar, Carroll, Coahoma, Grenada, Humphreys, Leflore, Montgomery, Sunflower, and Wash- ington. Court for the Greenville Division shall be held at Clarksdale, Cleveland, and Greenville. Page 41 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 105 Southern District (b) The southern district comprises four divi- sions. (1) The Northern Division comprises the counties of Copiah, Hinds, Holmes, Issaquena, Kemper, Lauderdale, Leake, Madison, Neshoba, Newton, Noxubee, Rankin, Scott, Simpson, Sharkey, Smith, Warren, and Yazoo. Court for the Northern Division shall be held at Jackson. (2) The Southern Division comprises the counties of George, Greene, Hancock, Harrison, Jackson, Pearl River, and Stone. Court for the Southern Division shall be held at Gulfport. (3) The Eastern Division comprises the coun- ties of Clarke, Covington, Forrest, Jas- per, Jefferson Davis, Jones, Lamar, Law- rence, Marion, Perry, Wayne, and Walthall. Court for the Eastern Division shall be held at Hattiesburg. (4) The Western Division comprises the counties of Adams, Amite, Claiborne, Franklin, Jefferson, Lincoln, Pike, and Wilkinson. Court for the Western Division shall be held at Natchez. (June 25, 1948, ch. 646, 62 Stat. 883; Aug. 7, 1950, ch. 601, 64 Stat. 415; Pub. L. 90–92, Sept. 27, 1967, 81 Stat. 229; Pub. L. 91–546, §§ 2, 3, Dec. 14, 1970, 84 Stat. 1412; Pub. L. 95–408, § 2(b), Oct. 2, 1978, 92 Stat. 883; Pub. L. 106–130, § 1, Dec. 6, 1999, 113 Stat. 1677; Pub. L. 108–455, § 2, Dec. 10, 2004, 118 Stat. 3628; Pub. L. 112–188, § 3, Oct. 5, 2012, 126 Stat. 1433; Pub. L. 113–61, § 1, Dec. 20, 2013, 127 Stat. 665.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 170 (Mar. 3, 1911, ch. 231, § 90, 36 Stat. 1116; Feb. 5, 1912, ch. 28, 37 Stat. 59; May 27, 1912, ch. 136, 37 Stat. 118; Feb. 12, 1925, ch. 212, 43 Stat. 882; May 19, 1936, ch. 428, 49 Stat. 1362; May 8, 1939, ch. 116, § 1, 53 Stat. 684). Provisions relating to the maintenance of offices by the clerks and marshals were omitted as covered by sections 452, 541 [see 561], 542 [see 561], and 751 of this title. Changes in arrangement and phraseology were made. Editorial Notes AMENDMENTS 2013—Subsec. (b). Pub. L. 113–61 amended subsec. (b) generally. Prior to amendment, subsec. (b) related to southern judicial district of Mississippi comprising five divisions and provided for holding court in those divi- sions. 2012—Subsec. (a). Pub. L. 112–188 added subsec. (a) and struck out former subsec. (a) which related to northern judicial district of Mississippi comprising four divisions and provided for holding court in those divisions. 2004—Subsec. (a)(3). Pub. L. 108–455 inserted ‘‘and Cleveland’’ after ‘‘Clarksdale’’. 1999—Subsec. (b)(3). Pub. L. 106–130, in second sen- tence, struck out ‘‘: Provided, That court shall be held at Natchez if suitable quarters and accommodations are furnished at no cost to the United States’’ before period at end. 1978—Subsec. (a)(1). Pub. L. 95–408 provided for hold- ing court at Corinth. 1970—Subsec. (b)(3). Pub. L. 91–546, § 3, provided for holding court at Natchez if suitable quarters and ac- commodations are furnished at no cost to the United States. Subsec. (b)(4). Pub. L. 91–546, § 2, provided for holding court at Gulfport. 1967—Subsec. (a)(1). Pub. L. 90–92 provided for holding court at Ackerman. 1950—Act Aug. 7, 1950, created Greenville division in the northern district with terms of courts to be held at Greenville. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 113–61, § 2, Dec. 20, 2013, 127 Stat. 665, provided that: ‘‘This Act [amending this section] and the amend- ment made by this Act shall take effect on the date of the enactment of this Act [Dec. 20, 2013].’’ EFFECTIVE DATE OF 2012 AMENDMENT Pub. L. 112–188, § 4, Oct. 5, 2012, 126 Stat. 1434, provided that: ‘‘The amendments made by this Act [amending this section and section 105 of this title] take effect on the 60th day after the date of the enactment of this Act [Oct. 5, 2012].’’ EFFECTIVE DATE OF 1978 AMENDMENT; SAVINGS PROVISION Amendment by Pub. L. 95–408 effective 180 days after Oct. 2, 1978, with such amendment not to affect the composition or preclude the service of any grand or petit juror summoned, empaneled, or actually serving in any judicial district on the effective date of this Act, see section 5 of Pub. L. 95–408, set out as a note under section 89 of this title. § 105. Missouri Missouri is divided into two judicial districts to be known as the Eastern and Western Dis- tricts of Missouri. Eastern District (a) The Eastern District comprises three divi- sions. (1) The Eastern Division comprises the coun- ties of Crawford, Dent, Franklin, Gas- conade, Jefferson, Lincoln, Maries, Phelps, Saint Charles, Saint Francois, Saint Louis, Warren, and Washington, and the city of Saint Louis. Court for the Eastern Division shall be held at Saint Louis. (2) The Northern Division comprises the counties of Adair, Audrain, Chariton, Clark, Knox, Lewis, Linn, Macon, Mar- ion, Monroe, Montgomery, Pike, Ralls, Randolph, Schuyler, Scotland, and Shel- by. Court for the Northern Division shall be held at Hannibal. (3) The Southeastern Division comprises the counties of Bollinger, Butler, Cape Girardeau, Carter, Dunklin, Iron, Madi- son, Mississippi, New Madrid, Pemiscot, Perry, Reynolds, Ripley, Saint Gene- vieve, Scott, Shannon, Stoddard, and Wayne. Court for the Southeastern Division shall be held at Cape Girardeau. Western District (b) The Western District comprises five divi- sions.