AMENDMENTS 1970-Subsec. (b)(1). Pub. L. 91-272 added Traverse City to the enumeration of cities in which court for the Southern Division of the Western District may be held. 1964-Subsec. (a). Pub. L. 88-627 transferred the counties of Genesee and Shiawassee from the Northern Division to the Southern Division, added Ann Arbor and Flint as places of court for the Southern Division, and eliminated Flint as a place of court for the Northern Division. 1961-Subsec. (b)(1). Pub. L. 87-36 provided for the holding of a term of court at Lansing instead of Mason. 1954-Subsec. (a)(1). Act Feb. 10, 1954, § 2(b)(8)(a), struck out the counties of Branch, Calhoun, Clinton, Hillsdale, and Ingham, with respect to the Southern Division of the Eastern District. Subsec. (a)(2). Act Feb. 10, 1954, § 2(b)(8)(b), substituted "Flint" for "Port Huron", as one of the places for holding court. Subsec. (b)(1). Act Feb. 10, 1954, § 2(b)(8)(c) inserted a reference to the counties of Branch, Calhoun, Clinton, Hillsdale, and Ingham, with respect to composition of the Southern Division of the Western District; and added references to Kalamazoo and Mason as additional places for holding court in such division. § 103. Minnesota Minnesota constitutes one judicial district comprising six divisions. (1) The First Division comprises the coun- Court for the First Division shall be held at (2) The Second Division comprises the counties 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 counties 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 counties of Anoka, Carver, Chippewa, Hennepin, Isanti, Kandiyohi, McLeod, Meeker, Renville, Sherburne, Swift, and Wright. Court for the Fourth Division shall be held at Minneapolis. (5) The Fifth Division comprises the coun- Court for the Fifth Division shall be held at (6) The Sixth Division comprises the coun- Court for the Sixth Division shall be held at Fergus Falls. (June 25, 1948, ch. 646, 62 Stat. 882.) 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. § 104. Mississippi Mississippi is divided into two judicial districts to be known as the northern and southern districts of Mississippi. Northern District (a) The northern district comprises four divisions. (1) Eastern division comprises the counties Court for the eastern division shall be held Court for the Western division shall be held (3) The Delta division comprises the coun- Court for the Delta division shall be held at (4) The Greenville division comprises the Southern District (b) The southern district comprises five divisions. (1) The Jackson division comprises the counties of Amite, Copiah, Franklin, Hinds, Holmes, Leake, Lincoln, Madison, Pike, Rankin, Scott, Simpson, and Smith. Court for the Jackson division shall be held (2) The eastern division comprises the coun- (3) The western division comprises the § 100. Maryland Maryland constitutes one judicial district. Court shall be held at Baltimore, Cumber land, Denton, and at a suitable site in Prince Georges County not more than five miles from the boundary of Montgomery and Prince Georges Counties. (June 25, 1948, ch. 646, 62 Stat. 882; Dec. 14, 1970, Pub. L. 91-546, § 4, 84 Stat. 1412.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 166 (Mar. 3, 1911, ch. 231, § 86, 36 Stat. 1114; Mar. 3, 1925, ch. 422, 43 Stat. 1106). Provisions relating to appointment of a deputy clerk and a deputy marshal and the maintenance of offices by such deputies were omitted as covered by sections 541, 542, and 751 of this title. The provisions respecting court accommodations at Denton were omitted as covered by section 142 of this title. Changes in arrangement and phraseology were made. AMENDMENTS 1970-Pub. L. 91-546 added a suitable site in Prince Georges County not more than five miles from the boundary of Montgomery and Prince Georges Counties to the list of enumerated places for holding court in Maryland. § 101. Massachusetts Massachusetts constitutes one judicial dis trict. Court shall be held at Boston, New Bedford, (June 25, 1948, ch. 646, 62 Stat. 882.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 167 (Mar. 3, 1911, ch. 231, § 87, 36 Stat. 1114; May 1, 1922, ch. 173, 42 Stat. 503; May 17, 1926, ch. 306, 44 Stat. 559). Words "and the terms at Boston shall not be terminated or affected by the terms at Springfield, New Bedford, or Worcester," were omitted as covered by section 138 of this title. Provisions relating to appointment of deputy clerks and deputy marshals, and maintenance of office by said deputies were omitted as covered by sections 541, 542, and 751 of this title. Provisions for furnishing rooms and accommodations at Springfield and Worcester were omitted as obsolete upon advice of Director of the Administrative Office of the United States Courts that federal accommodations have been provided at such places. A provision requiring the return of all process to the terms at Boston and the keeping of all court papers in the clerk's office at Boston, unless otherwise specially ordered by the court, was omitted, since such matters can be regulated more appropriately by court rule or order. See Federal Rules of Civil Procedure, Rule 4(g). The provision respecting court accommodations at New Bedford was omitted as covered by section 142 of this title. Changes in arrangement and phraseology were made. § 102. Michigan Michigan is divided into two judicial districts to be known as the Eastern and Western Districts of Michigan. Eastern District (a) The Eastern District comprises two divisions. (1) The Southern Division comprises the counties of Genesee, Jackson, Lapeer, Lenawee, Livingston, Macomb, Monroe, Oakland, Saint Clair, Sanilac, Shiawassee, Washtenaw, and Wayne. Court for the Southern Division shall be held at Ann Arbor, Detroit, Flint, and Port Huron. (2) The Northern Division comprises the counties of Alcona, Alpena, Arenac, Bay, Cheboygan, Clare, Crawford, Gladwin, Gratiot, Huron, Iosco, Isabella, Midland, Montmorency, Ogemaw, Oscoda, Otsego, Presque Isle, Roscommon, Saginaw, and Tuscola. Court for the Northern Division shall be held at Bay City. Western District (b) The Western District comprises two divisions. (1) The Southern Division comprises the counties of Allegan, Antrim, Barry, Benzie, Berrien, Branch, Calhoun, Cass, Charlevoix, Clinton, Eaton, Emmet, Grand Traverse, Hillsdale, Ingham, Ionia, Kalamazoo, Kalkaska, Kent, Lake, Leelanau, Manistee, Mason, Mecosta, Missaukee, Montcalm, Muskegon, Newaygo, Oceana, Osceola, Ottawa, Saint Joseph, Van Buren, and Wexford. Court for the Southern Division shall be held at Grand Rapids, Kalamazoo, Lansing, and Traverse City. (2) The Northern Division comprises of counties of Alger, Baraga, Chippewa, Delta, Dickinson, Gogebic, Houghton, Iron, Keweenaw, Luce, Mackinac, Marquette, Menominee, Ontonagon, and Schoolcraft. Court for the Northern Division shall be held at Marquette and Sault Sainte Marie. (June 25, 1948, ch. 646, 62 Stat. 882; Feb. 10, 1954, ch. 6 § 2(b)(8), 68 Stat. 11; May 19, 1961, Pub. L. 87-36, § 3(d), 75 Stat. 83; Oct. 6, 1964, Pub. L. 88-627, 78 Stat. 1003; June 2, 1970, Pub. L. 91-272, § 11, 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 provision 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 section 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, 542, and 751 of this title. Changes in arrangement and phraseology were made. AMENDMENTS 1970-Subsec. (b)(1). Pub. L. 91-272 added Traverse City to the enumeration of cities in which court for the Southern Division of the Western District may be held. 1964-Subsec. (a). Pub. L. 88-627 transferred the counties of Genesee and Shiawassee from the Northern Division to the Southern Division, added Ann Arbor and Flint as places of court for the Southern Division, and eliminated Flint as a place of court for the Northern Division. 1961-Subsec. (b)(1). Pub. L. 87-36 provided for the holding of a term of court at Lansing instead of Mason. 1954-Subsec. (a)(1). Act Feb. 10, 1954, § 2(b)(8)(a), struck out the counties of Branch, Calhoun, Clinton, Hillsdale, and Ingham, with respect to the Southern Division of the Eastern District. Subsec. (a)(2). Act Feb. 10, 1954, § 2(b)(8)(b), substituted "Flint" for "Port Huron", as one of the places for holding court. Subsec. (b)(1). Act Feb. 10, 1954, § 2(b)(8)(c) inserted a reference to the counties of Branch, Calhoun, Clinton, Hillsdale, and Ingham, with respect to composition of the Southern Division of the Western District; and added references to Kalamazoo and Mason as additional places for holding court in such division. § 103. Minnesota Minnesota constitutes one judicial district comprising six divisions. (1) The First Division comprises the coun- Court for the First Division shall be held at (2) The Second Division comprises the counties 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 (3) The Third Division comprises the coun- Court for the Fourth Division shall be held Court for the Fifth Division shall be held at (6) The Sixth Division comprises the coun- Court for the Sixth Division shall be held at Fergus Falls. (June 25, 1948, ch. 646, 62 Stat. 882.) 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. § 104. Mississippi Mississippi is divided into two judicial districts to be known as the northern and southern districts of Mississippi. Northern District (a) The northern district comprises four divisions. (1) Eastern division comprises the counties of Alcorn, Attala, Chickasaw, Choctaw, Clay, Itawamba, Lee, Lowndes, Monroe, Oktibbeha, Prentiss, Tishomingo, and Winston. Court for the eastern division shall be held Court for the Western division shall be held (3) The Delta division comprises the coun- Court for the Delta division shall be held at (4) The Greenville division comprises the Southern District (b) The southern district comprises five divisions. (1) The Jackson division comprises the counties of Amite, Copiah, Franklin, Hinds, Holmes, Leake, Lincoln, Madison, Pike, Rankin, Scott, Simpson, and Smith. Court for the Jackson division shall be held at Jackson. (2) The eastern division comprises the counties of Clarke, Jasper, Kemper, Lauderdale, Neshoba, Newton, Noxubee, and Wayne. Court for the eastern division shall be held at Meridian. (3) The western division comprises the counties of Adams, Claiborne, Issa quena, Jefferson, Sharkey, Warren, Wilkinson, and Yazoo. Court for the western division shall be held (4) The southern division comprises the (5) The Hattiesburg division comprises the (June 25, 1948, ch. 646, 62 Stat. 883; Aug. 7, 1950, ch. 601, 64 Stat. 415; Sept. 27, 1967, Pub. L. 90-92, 81 Stat. 229; Dec. 14, 1970, Pub. L. 91-546, §§ 2, 3, 84 Stat. 1412; Oct. 2, 1978, Pub. L. 95-408, § 2(b), 92 Stat. 883.) 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, 542 and 751 of this title. Changes in arrangement and phraseology were made. AMENDMENTS 1978 Subsec. (a)(1). Pub. L. 95-408 provided for the holding of a term of court at Corinth in the Eastern Division of the Northern District. 1970-Subsec. (b)(3). Pub. L. 91-546, § 3, added Natchez to the list of enumerated places for holding court in the Western Division of the Southern District, provided that suitable quarters and accommodations are furnished at no cost to the United States. Subsec. (b)(4). Pub. L. 91-546, § 2, added Gulfport to the list of enumerated places for holding court in the Southern Division of the Southern District. 1967-Subsec. (a)(1). Pub. L. 90-92 included Ackerman in the places for holding court in the eastern division. 1950-Act Aug. 7, 1950, created Greenville division in the northern district with terms of courts to be held at Greenville. EFFECTIVE DATE OF 1978 Amendment; SAVINGS 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 Districts of Missouri. Eastern District (a) The Eastern District comprises three divisions. (1) The Eastern Division comprises the counties of Crawford, Dent, Franklin, Gasconade, Iron, Jefferson, Lincoln, Maries, Phelps, Saint Charles, Saint Francois, Saint Genevieve, 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, Marion, Monroe, Montgomery, Pike, Ralls, Randolph, Schuyler, Scotland, and Shelby. Court for the Northern Division shall be held at Hannibal. (3) The Southeastern Division comprises the counties of Bollinger, Butler, Cape Girardeau, Carter, Dunklin, Madison, Mississippi, New Madrid, Pemiscot, Perry, Reynolds, Ripley, Scott, Shannon, Stoddard, and Wayne. Court for the Southeastern Division shall be held at Cape Girardeau. Western District (b) The Western District comprises five divisions. (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, Lawrence, 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, Gentry, Grundy, Harrison, Holt, Livingston, Mercer, Nodaway, Platte, Putnam, Sullivan, and Worth. Court for the Saint Joseph Division shall be held at Saint Joseph. (4) The Central Division comprises the counties of Benton, Boone, Callaway, Camden, Cole, Cooper, Hickory, Morgan, Howard, Miller, Osage, and Pettis. Moniteau, Court for the Central Division shall be held at Jefferson City. (5) The Southern Division comprises the counties of Cedar, Christian, Dade, Dallas, 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; May 31, 1962, Pub. L. 87-461, 76 Stat. 85; Oct. 15, 1980, Pub. L. 96-462, § 4(a), 94 Stat. 2053.) 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, 542, and 751 of this title. Changes in arrangement and phraseology were made. AMENDMENTS 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 counties of Caldwell, Grundy, Livingston, Mercer, Putnam, and Sullivan from the Western Division to the Saint Joseph Division, and omitted Chillicothe as a place where the Western Division shall hold court. EFFECTIVE DATE OF 1980 AMENDMENT; SAVINGS PROVISIONS Amendment by Pub. L. 96–462 effective Oct. 1, 1981, but 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 Oct. 1, 1981, see section 7 of Pub. L. 96-462, set out as a note under section 84 of this title. Section 4(b) of Pub. L. 96-462 provided that: “The amendments made by subsection (a) [amending this section] shall not apply to any action commenced before the effective date of such amendments [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, Glasgow, Great Falls, Havre, Helena, Kalispell, 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 accordingly excluded from the judicial district of Montana. A provision for furnishing rooms and accommodations 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 omitted. Such provision, as to civil cases, is covered by section 1404 of this title, and, as to criminal cases, is rendered 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 Procedure, 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 phraseolo gy. § 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). Provisions for furnishing rooms and accommodations at the various places for holding court were omitted as obsolete upon advice of Director of the Administrative Office of the United States Courts that Federal accommodations are now available at such places. A provision relating to the appointment and residence of deputy clerks and the places for keeping offices was omitted as covered by section 751 of this title. The county of Arthur in the North Platte Division was created since the enactment of the Judicial Code. Changes in arrangement and phraseology were made. AMENDMENTS 1955-Act Aug. 9, 1955, eliminated the separate divisions of the district and reduced the number of places of holding terms. EFFECTIVE DATE OF 1955 AMENDMENT Section 2 of act Aug. 9, 1955, provided that the amendment of this section by section 1 of act Aug. 9, 1955, should take effect on Sept. 1, 1955. § 108. Nevada Nevada constitutes one judicial district. Court shall be held at Carson City, Elko, (June 25, 1948, ch. 646, 62 Stat. 885.) HISTORICAL and Revision Notes Based on title 28, U.S.C., 1940 ed., § 174 (Mar. 3, 1911, ch. 231, § 94, 36 Stat. 1118; June 24, 1930, ch. 595, 46 Stat. 806; Nov. 15, 1945, ch. 482, 59 Stat. 582). Changes in arrangement and phraseology were made. § 109. New Hampshire New Hampshire constitutes one judicial district. Court shall be held at Concord and Littleton. (June 25, 1948, ch. 646, 62 Stat. 885.) |