Act of Dec. 9, 1991, Pub. L. No. 102-198, 105 Stat. 1623
An Act To make certain technical corrections in the Judicial Improvements Act of 1990 and other provisions of law relating to the courts
One Hundred Second Congress, Session I · Approved December 9, 1991
This is an unofficial transcription, prepared by Robert J. Pfister for ease of reading and copying. The authoritative text is the United States Statutes at Large.
United States Statutes at Large (PDF excerpt, 3 pages) (opens in a new tab) Unofficial transcription (PDF excerpt, 3 pages) (opens in a new tab)
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. JUDICIAL COUNCILS OF CIRCUITS.
Section 332(a)(1) of title 28, United States Code, as amended by section 323 of the Judicial Improvements Act of 1990, is amended by—
(1) striking “such member” and inserting “such number”; and
(2) striking “services” and inserting “service”.
SEC. 2. CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PLANS.
Chapter 23 of title 28, United States Code, as added by section 103 of the Judicial Improvements Act of 1990, is amended—
(1) in section 471 by striking “this title” and inserting “this chapter”; and
(2) in section 474(a)—
(A) in paragraph (1)—
(i) by striking “chief judges” and inserting “chief judge”; and
(ii) by striking “court of appeals for such”; and
(B) in paragraph (2)—
(i) by striking “a court of appeals” and inserting “a circuit may designate another judge of the court of appeals of that circuit,”; and
(ii) by striking “court to perform the chief” and inserting “court, to perform that chief”.
SEC. 3. VENUE.
Section 1391(b) of title 28, United States Code, as amended by section 311 of the Judicial Improvements Act of 1990, is amended by striking “if (1)” and inserting “in (1)”.
SEC. 4. REMOVAL OF SEPARATE AND INDEPENDENT CLAIMS.
Section 1441(c) of title 28, United States Code, as amended by section 312 of the Judicial Improvements Act of 1990, is amended by—
(1) striking the comma after “title”; and
(2) striking “may may” and inserting “may”.
SEC. 5. APPEAL OF ABSTENTION DETERMINATIONS UNDER TITLE 11 OF THE UNITED STATES CODE.
Section 305(c) of title 11, United States Code, as amended by section 309 of the Judicial Improvements Act of 1990, is amended by striking “this title” both places it appears and inserting “title 28”.
[105 Stat. 1624–1626 omitted (3 pages)]
A, Notice and Acknowledgment for Service by Mail, abrogated by the Supreme Court in such transmittal, effective December 1, 1991, shall continue in effect on or after that date.
SEC. 12. CONFORMITY WITH RULES OF APPELLATE PROCEDURE.
Section 2107 of title 28, United States Code, is amended—
(1) by designating the first and second paragraphs as subsections (a) and (b), respectively;
(2) by striking the third and fourth paragraphs;
(3) by designating the fifth paragraph as subsection (d); and
(4) by inserting after subsection (b), as so designated, the following:
“(c) The district court may, upon motion filed not later than 30 days after the expiration of the time otherwise set for bringing appeal, extend the time for appeal upon a showing of excusable neglect or good cause. In addition, if the district court finds—
“(1) that a party entitled to notice of the entry of a judgment or order did not receive such notice from the clerk or any party within 21 days of its entry, and
“(2) that no party would be prejudiced,
the district court may, upon motion filed within 180 days after entry of the judgment or order or within 7 days after receipt of such notice, whichever is earlier, reopen the time for appeal for a period of 14 days from the date of entry of the order reopening the time for appeal.”.
Approved December 9, 1991.