Federal Court Rules Annotated: Rules of Practice in the United States Circuit Court of Appeals for the Third Circuit and in the United States District ... at Law and in Bankruptcy; With Annotations - Tapa dura

Sinopsis

Excerpt from Federal Court Rules Annotated: Rules of Practice in the United States Circuit Court of Appeals for the Third Circuit and in the United States District Court for the Middle District of Pennsylvania at Law and in Bankruptcy; With Annotations

There are now four Circuit Judges in the second, seventh and eighth circuits; three in the first, third, fifth, sixth and ninth; and two in the fourth. The attendance of the District Judges on the Court of Appeals of their respective circuits is conditioned by the statute on whether a full Court is made up without them by the attendance of the Supreme Court Justice assigned to the Circuit and the Circuit Judges, and may be regulated by general or particular assignment. It is governed in the fifth circuit by a standing order (d) as it is also in practice in the third circuit; and possibly in the others. The freedom with which the composition of the court may be adjusted to meet any emergency is one of the great merits of the system. It is competent 'for three District Judges, duly designated, to hold a Circuit Court of Appeals (e). No judge may sit in a case in which he sat in the Court below, and if he does it vitiates the judgment (f).

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