Title 28 (Judiciary and Judicial Procedure) is the portion of the

United States Code The United States Code (formally The Code of Laws of the United States of America) is the official Codification (law), codification of the general and permanent Law of the United States#Federal law, federal statutes of the United States. It ...

(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 Constitution of the United States, United States Constitution and Law of the United States, laws of the fed ...

. * :

Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

:: Includes provisions setting the number of

justice In its broadest sense, justice is the idea that individuals should be treated fairly. According to the ''Stanford Encyclopedia of Philosophy'', the most plausible candidate for a core definition comes from the ''Institutes (Justinian), Inst ...

s at 9 and defining a

quorum A quorum is the minimum number of members of a group necessary to constitute the group at a meeting. In a deliberative assembly (a body that uses parliamentary procedure, such as a legislature), a quorum is necessary to conduct the business of ...

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 deb ...

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 courts, United States federal court that hears monetary claims against the Federal government of the United States, U.S. government. It ...

* :

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 * : 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 United States federal executive departments, federal executive department of the U.S. government that oversees the domestic enforcement of Law of the Unite ...

. * : The

Attorney General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...

* :

Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and Federal law enforcement in the United States, its principal federal law enforcement ag ...

* :

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 ...

s * :

United States Marshals Service The United States Marshals Service (USMS) is a Federal law enforcement in the United States, federal law enforcement agency in the United States. The Marshals Service serves as the enforcement and security arm of the United States federal judi ...

* : United States Trustees * :

Independent Counsel The Office of Special Counsel was a prosecutorial unit within the United States Department of Justice that operated from 1978 until the expiration of its statutory authority on December 31, 1999. Created by the Ethics in Government Act o ...

* :

Bureau of Alcohol, Tobacco, Firearms and Explosives The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), commonly referred to as ATF, is a domestic law enforcement agency within the United States Department of Justice. Its responsibilities include the investigation and prevention ...

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 re ...

* :

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 conduct ...

* :

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 ...

* :

* : Courts of Appeals (also called circuit courts) * : District Courts * : mitted* :

(hears non-tort monetary claims against the U.S. government) * : epealed(

) * : Court of International Trade * : 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 promulgat ...

Part IV—Jurisdiction and Venue

This part deals with

jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...

and venue. * :

* : Courts of Appeals * : District Courts;

Jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...

* : District Courts; Venue * : District Courts; Removal of Cases from State Courts * : mitted* :

* : epealed(

) * : Court of International Trade * : 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 ...

and

civil procedure Civil procedure is the body of law that sets out the rules and regulations along with some standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or ca ...

for the federal courts. The

, pursuant to the Rules Enabling Act 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 co ...

, 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. They are the companion to the Federal Rules of Criminal Procedure. Rules promulgated by the ...

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 F ...

* : General Provisions * : Process * :

Class Actions A class action is a form of lawsuit. Class Action may also refer to: * ''Class Action'' (film), 1991, starring Gene Hackman and Mary Elizabeth Mastrantonio *Class Action (band), a garage house band * "Class Action" (''Teenage Robot''), a 2002 epi ...

* :

Evidence Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the proposition is truth, true. The exact definition and role of evidence vary across different fields. In epistemology, evidence is what J ...

;

Documentary A documentary film (often described simply as a documentary) is a nonfiction Film, motion picture intended to "document reality, primarily for instruction, education or maintaining a Recorded history, historical record". The American author and ...

* :

; Depositions * :

;

Witness In law, a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know. A witness might be compelled to provide testimony in court, before a grand jur ...

es * :

Juries A jury is a sworn body of people (jurors) convened to hear evidence, make findings of fact, and render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Most trial juries are " petit juries", an ...

;

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 increasingly used ...

* : Fees and

Costs 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 case the amount of money expended to acquire it is ...

* : Pending Actions and Judgments * :

Executions Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in s ...

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 legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...

* : Special Habeas Corpus Procedures for Capital Cases * :

Injunction An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable rem ...

s; Three-Judge Courts * :

Surface Transportation Board The Surface Transportation Board (STB) of the United States is an independent federal agency that serves as an adjudicatory board. The board was created in 1996 following the abolition of the Interstate Commerce Commission (ICC) and absorbed regula ...

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 * Fran Fine, the title character of ''The Nanny'' * 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 (p ...

s, Penalties, and Forfeitures * :

Procedure * : epealed* : Court of International Trade Procedure * :

Tort A tort is a civil wrong, other than breach of contract, 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 cri ...

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 a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are in ...

of Certain Actions by Presidential Offices * : Assumption of Certain

Contract A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...

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 Legislature, legislative branch of the Federal government of the United States, United States federal gove ...

Text of Title 28 of the U.S. Code at Cornell's Legal Information Institute
{{USCTitles 28 Title 28