28 U.S.C. § 105 — Missouri

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. Page 42 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 106 (1) The Western Division comprises the counties of Bates, Carroll, Cass, Clay, Henry, Jackson, Johnson, Lafayette, Ray, Saint Clair, and Saline. Court for the Western Division shall be held at Kansas City. (2) The Southwestern Division comprises the counties of Barton, Barry, Jasper, Law- rence, McDonald, Newton, Stone, and Vernon. Court for the Southwestern Division shall be held at Joplin. (3) The Saint Joseph Division comprises the counties of Andrew, Atchison, Buchanan, Caldwell, Clinton, Daviess, De Kalb, Gen- try, Grundy, Harrison, Holt, Livingston, Mercer, Nodaway, Platte, Putnam, Sul- livan, and Worth. Court for the Saint Joseph Division shall be held at Saint Joseph. (4) The Central Division comprises the coun- ties of Benton, Boone, Callaway, Cam- den, Cole, Cooper, Hickory, Howard, Mil- ler, Moniteau, Morgan, Osage, and Pettis. Court for the Central Division shall be held at Jefferson City. (5) The Southern Division comprises the counties of Cedar, Christian, Dade, Dal- las, Douglas, Greene, Howell, Laclede, Oregon, Ozark, Polk, Pulaski, Taney, Texas, Webster, and Wright. Court for the Southern Division shall be held at Springfield. (June 25, 1948, ch. 646, 62 Stat. 884; Pub. L. 87–461, May 31, 1962, 76 Stat. 85; Pub. L. 96–462, § 4(a), Oct. 15, 1980, 94 Stat. 2053; Pub. L. 112–188, § 2, Oct. 5, 2012, 126 Stat. 1433.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 171 (Mar. 3, 1911, ch. 231, § 91, 36 Stat. 1117; Dec. 22, 1911, ch. 8, 37 Stat. 51). Provisions for furnishing rooms and accommodations at Chillicothe were omitted as obsolete upon advice of Director of the Administrative Office of the United States Courts that Federal accommodations are now available in such place. ‘‘Rolla’’ was omitted as a place for holding court in the Eastern Division of the Eastern District, and the provision for furnishing quarters there without cost to the United States was also omitted on advice from the clerk of court that no term of court has been held there since 1920. All cases arising in Phelps county in which Rolla is situated are heard at St. Louis. Provisions relating to the maintenance of offices by the clerks and marshals or their deputies 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 2012—Subsec. (a)(1). Pub. L. 112–188, § 2(1), struck out ‘‘Iron,’’ after ‘‘Gasconade,’’ and ‘‘Saint Genevieve,’’ after ‘‘Saint Francois,’’. Subsec. (a)(3). Pub. L. 112–188, § 2(2), inserted ‘‘Iron,’’ after ‘‘Dunklin,’’ and ‘‘Saint Genevieve,’’ after ‘‘Rip- ley,’’. 1980—Subsec. (a)(1). Pub. L. 96–462, § 4(a)(1), struck out references to Audrain and Montgomery counties in the list of counties comprising the Eastern Division of the Eastern District. Subsec. (a)(2). Pub. L. 96–462, § 4(a)(2), added Audrain and Montgomery counties to the Northern Division of the Eastern District. 1962—Subsec. (b). Pub. L. 87–461 transferred the coun- ties of Caldwell, Grundy, Livingston, Mercer, Putnam, and Sullivan from the Western Division to the Saint Joseph Division, and omitted Chillicothe as a place for holding court. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–188 effective on the 60th day after Oct. 5, 2012, see section 4 of Pub. L. 112–188, set out as note under section 104 of this title. EFFECTIVE DATE OF 1980 AMENDMENT; SAVINGS PROVISION Amendment by Pub. L. 96–462 effective Oct. 1, 1981, but not to affect the composition or preclude the serv- ice of any grand or petit juror summoned, empaneled, or actually serving in any judicial district on Oct. 1, 1981, see section 7 of Pub. L. 96–462, set out as a note under section 84 of this title. Pub. L. 96–462, § 4(b), Oct. 15, 1980, 94 Stat. 2053, pro- vided that: ‘‘The amendments made by subsection (a) [amending this section] shall not apply to any action commenced before the effective date of such amend- ments [Oct. 1, 1981] and pending in the United States District Court for the Eastern District of Missouri on such date.’’ § 106. Montana Montana, exclusive of Yellowstone National Park, constitutes one judicial district. Court shall be held at Billings, Butte, Glas- gow, Great Falls, Havre, Helena, Kali- spell, Lewistown, Livingston, Miles City, and Missoula. (June 25, 1948, ch. 646, 62 Stat. 884.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 172 (Mar. 3, 1911, ch. 231, § 92, 36 Stat. 1118; July 3, 1926, ch. 748, 44 Stat. 825; July 5, 1937, ch. 430, 50 Stat. 474; Aug. 26, 1937, ch. 819, § 2, 50 Stat. 837; Aug. 7, 1939, ch. 506, 53 Stat. 1236). All of Yellowstone National Park is included in the judicial district of Wyoming by section 131 of this title. Those parts of the park lying in Montana are accord- ingly excluded from the judicial district of Montana. A provision for furnishing rooms and accommoda- tions at Havre was omitted as obsolete on advice of the Director of the Administrative Office of the United States Courts that Federal accommodations are now available there. A provision for transfer of causes, civil or criminal, from one place of holding court to another was omit- ted. Such provision, as to civil cases, is covered by sec- tion 1404 of this title, and, as to criminal cases, is ren- dered unnecessary because of inherent power of the court and Rules 18–20 of the Federal Rules of Criminal Procedure, relating to venue. A provision for the making of any interlocutory order at any place designated for holding court was omitted as unnecessary in view of Federal Rules of Civil Proce- dure, Rule 77–(b). The provisions respecting court accommodations at Kalispell, Lewistown, and Livingston were omitted as covered by section 142 of this title. Changes were made in arrangement and phraseology. § 107. Nebraska Nebraska constitutes one judicial district. Court shall be held at Lincoln, North Platte, and Omaha. (June 25, 1948, ch. 646, 62 Stat. 884; Aug. 9, 1955, ch. 627, § 1, 69 Stat. 546.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 173 (Mar. 3, 1911, ch. 231, § 93, 36 Stat. 1118).