(a)Any district court may, by order made anywhere within its district, adjourn or, with the consent of the judicial council of the circuit, pretermit any regular session of court for insufficient business or other good cause.
(b)If the judge of a district court is unable to attend and unable to make an order of adjournment, the clerk may adjourn the court to the next regular session or to any earlier day which he may determine.
Section consolidates section
16 with the third sentence of section
146, and the final proviso in the third paragraph of section
182, all of title 28, U.S.C., 1940 ed.
16 of title
28 provided for adjournment by the marshal, or clerk, on written order of the judge, in case of inability of the district judge to attend at the commencement of any regular, adjourned or special term, or any time during such term. Said sections
182 thereof, related to the district courts of Colorado and Oklahoma, only, and contained special provisions for adjournment. Subsection (b) omits the requirement of written order where the judge is unable to make such order.
The revised section broadens these provisions, and vests discretionary power in the court, by order made anywhere within the district, to adjourn any term of court “for insufficient business or other good cause.” To establish uniformity, the special provisions relating to Colorado and Oklahoma were omitted.
Other provisions of said sections
182 of title
28, U.S.C., 1940 ed., are incorporated in sections
116 of this title.
The provision of subsection (a) authorizing the district court, with the consent of the judicial council of the circuit, to pretermit any term of court for insufficient business or other good cause, is inserted to obviate the expense and inconvenience of convening and adjourning a term for which no need exists.
1963—Subsecs. (a), (b). Pub. L. 88–139substituted “session” for “term”.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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