
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 28USC452]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART I--ORGANIZATION OF COURTS
 
     CHAPTER 21--GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES
 
Sec. 452. Courts always open; powers unrestricted by expiration 
        of sessions
        
    All courts of the United States shall be deemed always open for the 
purpose of filing proper papers, issuing and returning process, and 
making motions and orders.
    The continued existence or expiration of a session of a court in no 
way affects the power of the court to do any act or take any proceeding.

(June 25, 1948, ch. 646, 62 Stat. 907; Pub. L. 88-139, Sec. 2, Oct. 16, 
1963, 77 Stat. 248.)


                      Historical and Revision Notes

    Based on title 28, U.S.C., 1940 ed., Secs. 13 and 302 (Mar. 3, 1911, 
ch. 231, Secs. 9, 189, 36 Stat. 1088, 1143; Mar. 2, 1929, ch. 488, 
Sec. 1, 45 Stat. 1475).
    Sections 13 and 302 of title 28, U.S.C., 1940 ed., related only to 
district courts and the Court of Customs and Patent Appeals, and this 
section has been written to cover all other courts of the United States.
    Other provisions of said section 302 of title 28, U.S.C., 1940 ed., 
are incorporated in sections 214, 456, and 604 of this title.
    The phrase ``always open'' means ``never closed'' and signifies the 
time when a court can exercise its functions. With respect to matters 
enumerated by statute or rule as to which the court is ``always open,'' 
there is no time when the court is without power to act. (Ex parte 
Branch, 63 Ala. 383, 387.)
    Section 13 of title 28, U.S.C., 1940 ed., provided that ``The 
district courts, as courts of admiralty and as courts of equity, shall 
be deemed always open * * *'' for enumerated purposes, and that the 
judge ``at chambers or in the clerk's office, and in vacation as well as 
in term,'' may make orders and issue process. The revised section omits 
all reference to the nature of the action or proceeding and enumeration 
of the acts which may be performed by the court. This is in accord with 
Rules 45(c) and 56 of the new Federal Rules of Criminal Procedure which 
contain similar provisions with respect to criminal procedure both in 
the courts of appeals and in the district courts.
    Rules 6(c) and 77(a) of the Federal Rules of Civil Procedure contain 
provisions similar to the second and first paragraphs, respectively, of 
this section with respect to civil actions in district courts.


                               Amendments

    1963--Pub. L. 88-139 substituted ``expiration of sessions'' for 
``terms'' in section catchline, and ``session'' for ``term'' in text.

                  Section Referred to in Other Sections

    This section is referred to in section 460 of this title.
