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Title 28 (Judiciary and Judicial Procedure) is the portion of the
United States Code In the law of the United States, the Code of Laws of the United States of America (variously abbreviated to Code of Laws of the United States, United States Code, U.S. Code, U.S.C., or USC) is the official compilation and codification of the ...
(federal statutory law) that governs the federal judicial system. It is divided into six parts: * Part I: Organization of Courts * Part II: Department of Justice * Part III: Court Officers and Employees * Part IV: Jurisdiction and Venue * Part V: Procedure * Part VI: Particular Proceedings


Part I—Organization of Courts

The part establishes
United States federal courts The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primar ...
. * :
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions ...
:: Includes provisions setting the number of
justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
s at 9 and defining a
quorum A quorum is the minimum number of members of a deliberative assembly (a body that uses parliamentary procedure, such as a legislature) necessary to conduct the business of that group. According to '' Robert's Rules of Order Newly Revised'', th ...
as any 6, setting the terms of court, and determining salaries * : Courts of Appeals :: Includes provisions relating to the composition of Circuits, the creation, composition and terms of courts, and the selection and employment conditions of judges * : District Courts :: Describes for each state the layout of districts, divisions etc; describes the creation and composition of courts and the selection and employment conditions of judges; provides for replacement of judges in cases of bias or prejudice * :
Bankruptcy Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debto ...
judges * :
United States Court of Federal Claims The United States Court of Federal Claims (in case citations, Fed. Cl. or C.F.C.) is a United States federal court that hears monetary claims against the U.S. government. It was established by statute in 1982 as the United States Claims Court ...
* :
United States Court of Customs and Patent Appeals The United States Court of Customs and Patent Appeals (CCPA) was a United States federal court which existed from 1909 to 1982 and had jurisdiction over certain types of civil disputes. History The CCPA began as the United States Court of Custom ...
(repealed October 1, 1982) * :
Court of International Trade The United States Court of International Trade (case citations: Int'l Trade or Intl. Trade) is a U.S. federal court that adjudicates civil actions arising out of U.S. customs and international trade laws. Seated in New York City, it exercis ...
* : Assignment of judges to other courts * : Conferences and councils of judges * : Resignation and retirement of justices and judges * : Distribution of reports and digests * : General provisions applicable to courts and judges * : Civil justice expense and delay reduction plans


Part II—Department of Justice

The part establishes the
United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United Sta ...
. * : The
Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
* :
Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, t ...
* :
United States Attorney United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal c ...
s * :
United States Marshals Service The United States Marshals Service (USMS) is a federal law enforcement agency in the United States. The USMS is a bureau within the U.S. Department of Justice, operating under the direction of the Attorney General, but serves as the enforcem ...
* : United States Trustees * :
Independent Counsel The Office of Special Counsel was an office of the United States Department of Justice established by provisions in the Ethics in Government Act that expired in 1999. The provisions were replaced by Department of Justice regulation 28 CFR Part ...
* :
Bureau of Alcohol, Tobacco, Firearms and Explosives The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), commonly referred to as the ATF, is a domestic law enforcement agency within the United States Department of Justice. Its responsibilities include the investigation and prevent ...


Part III—Court Officers and Employees

* : Administrative Office of United States Courts * :
Federal Judicial Center The Federal Judicial Center is the education and research agency of the United States federal courts. It was established by in 1967, at the recommendation of the Judicial Conference of the United States. According to , the main areas of resp ...
* :
United States Magistrate Judge In United States federal courts, magistrate judges are judges appointed to assist U.S. district court judges in the performance of their duties. Magistrate judges generally oversee first appearances of criminal defendants, set bail, and conduc ...
* :
Alternative Dispute Resolution Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for ...
* :
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions ...
* : Courts of Appeals (also called circuit courts) * : District Courts * : mitted* :
United States Court of Federal Claims The United States Court of Federal Claims (in case citations, Fed. Cl. or C.F.C.) is a United States federal court that hears monetary claims against the U.S. government. It was established by statute in 1982 as the United States Claims Court ...
(hears non-tort monetary claims against the U.S. government) * : epealed(
United States Court of Customs and Patent Appeals The United States Court of Customs and Patent Appeals (CCPA) was a United States federal court which existed from 1909 to 1982 and had jurisdiction over certain types of civil disputes. History The CCPA began as the United States Court of Custom ...
) * :
Court of International Trade The United States Court of International Trade (case citations: Int'l Trade or Intl. Trade) is a U.S. federal court that adjudicates civil actions arising out of U.S. customs and international trade laws. Seated in New York City, it exercis ...
* : General Provisions Applicable to Court Officers and Employees * :
United States Sentencing Commission The United States Sentencing Commission is an independent agency of the judicial branch of the U.S. federal government. It is responsible for articulating the U.S. Federal Sentencing Guidelines for the federal courts. The Commission promulgate ...


Part IV—Jurisdiction and Venue

This part deals with
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Ju ...
and
venue Venue is the location at which an event takes place. It may refer to: Locations * Venue (law), the place a case is heard * Financial trading venue, a place or system where financial transactions can occur * Music venue, place used for a conce ...
. * :
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions ...
* : Courts of Appeals * : District Courts;
Jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Ju ...
* : District Courts;
Venue Venue is the location at which an event takes place. It may refer to: Locations * Venue (law), the place a case is heard * Financial trading venue, a place or system where financial transactions can occur * Music venue, place used for a conce ...
* : District Courts; Removal of Cases from State Courts * : mitted* :
United States Court of Federal Claims The United States Court of Federal Claims (in case citations, Fed. Cl. or C.F.C.) is a United States federal court that hears monetary claims against the U.S. government. It was established by statute in 1982 as the United States Claims Court ...
* : epealed(
United States Court of Customs and Patent Appeals The United States Court of Customs and Patent Appeals (CCPA) was a United States federal court which existed from 1909 to 1982 and had jurisdiction over certain types of civil disputes. History The CCPA began as the United States Court of Custom ...
) * :
Court of International Trade The United States Court of International Trade (case citations: Int'l Trade or Intl. Trade) is a U.S. federal court that adjudicates civil actions arising out of U.S. customs and international trade laws. Seated in New York City, it exercis ...
* : Jurisdictional Immunities of Foreign States * : General Provisions


Part V—Procedure

This part establishes
criminal procedure Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or ...
and
civil procedure Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced; what kin ...
for the federal courts. The
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions ...
, pursuant to the
Rules Enabling Act The Rules Enabling Act (ch. 651, , ) is an Act of Congress that gave the judicial branch the power to promulgate the Federal Rules of Civil Procedure. Amendments to the Act allowed for the creation of the Federal Rules of Criminal Procedure and ...
and upon recommendations from the
Judicial Conference of the United States The Judicial Conference of the United States, formerly known as the Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial cou ...
, promulgates the more detailed
Federal Rules of Civil Procedure The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enablin ...
and
Federal Rules of Criminal Procedure The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts and the general trial courts of the U.S. government. They are the companion to the Fede ...
* : General Provisions * : Process * : Class Actions * :
Evidence Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidenc ...
; Documentary * :
Evidence Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidenc ...
; Depositions * :
Evidence Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidenc ...
;
Witness In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ...
es * :
Juries A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England duri ...
;
Trial by Jury A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are used in a significa ...
* : Fees and
Costs In production, research, retail, and accounting, a cost is the value of money that has been used up to produce something or deliver a service, and hence is not available for use anymore. In business, the cost may be one of acquisition, in which ...
* : Pending Actions and Judgments * :
Executions Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
and Judicial Sales * : Money Paid into Court * : Rules of Court * : Review—Miscellaneous Provisions


Part VI—Particular Proceedings

* : Declaratory Judgments * :
Habeas Corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, ...
* : Special Habeas Corpus Procedures for Capital Cases * :
Injunction An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or i ...
s; Three-Judge Courts * :
Surface Transportation Board The Surface Transportation Board (STB) of the United States is a federal, bipartisan, independent adjudicatory board. The STB was established on January 1, 1996, to assume some of the regulatory functions that had been administered by the Intersta ...
Orders; Enforcement and Review * : Orders of Federal Agencies; Review * :
Interpleader Interpleader is a civil procedure device that allows a plaintiff or a defendant to initiate a lawsuit in order to compel two or more other parties to litigate a dispute. An interpleader action originates when the plaintiff holds property on behal ...
* : United States as Party Generally * :
Fine Fine may refer to: Characters * Sylvia Fine (''The Nanny''), Fran's mother on ''The Nanny'' * Officer Fine, a character in ''Tales from the Crypt'', played by Vincent Spano Legal terms * Fine (penalty), money to be paid as punishment for an off ...
s, Penalties, and Forfeitures * :
United States Court of Federal Claims The United States Court of Federal Claims (in case citations, Fed. Cl. or C.F.C.) is a United States federal court that hears monetary claims against the U.S. government. It was established by statute in 1982 as the United States Claims Court ...
Procedure * : epealed* :
Court of International Trade The United States Court of International Trade (case citations: Int'l Trade or Intl. Trade) is a U.S. federal court that adjudicates civil actions arising out of U.S. customs and international trade laws. Seated in New York City, it exercis ...
Procedure * :
Tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishab ...
Claims Procedure * : Attachment in Postal Suits * : epealed* : Federal Debt Collection Procedures * : Professional and Amateur Sports Protection * :
Judicial Review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
of Certain Actions by Presidential Offices * : Assumption of Certain
Contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...
ual Obligations


External links


U.S. Code Title 28
via
United States Government Printing Office The United States Government Publishing Office (USGPO or GPO; formerly the United States Government Printing Office) is an agency of the legislative branch of the United States Federal government. The office produces and distributes informatio ...

Text of Title 28 of the U.S. Code at Cornell's Legal Information Institute
{{USCTitles 28
Title 28 Title 28 (Judiciary and Judicial Procedure) is the portion of the United States Code (federal statutory law) that governs the federal judicial system. It is divided into six parts: * Part I: Organization of Courts * Part II: Department of Jus ...