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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 28 U.S.C. § 47 Disqualification of trial judge to hear appeal us united_states_code code_section 28 JUDICIARY AND JUDICIAL PROCEDURE 3 COURTS OF APPEALS 47 28 U.S.C. § 47 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc28@119-100.zip /us/usc/t28/s47 data/legal/raw/us/code/title-28/usc28.xml 30ed01cfb626bcc48587c70bdb9b56ec71f2869f56184fd5519f0cbbfbe0f27a 3390f867a2c02f5d0c496269da780795fe19663a090a3040c64a9ee0a541cdcf c3b6b4a7452d3c5c8059c9e3abbcb10cb232b2283bfb85632f5989c1f2a7ca5c 2026-07-04 official
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28 U.S.C. § 47 - Disqualification of trial judge to hear appeal

Text

No judge shall hear or determine an appeal from the decision of a case or issue tried by him.

(June 25, 1948, ch. 646, 62 Stat. 872.)

Notes

Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., § 216, and District of Columbia Code, 1940 ed., § 11205 (Feb. 9, 1893, ch. 74, § 6, 27 Stat. 435; July 30, 1894, ch. 172, § 2, 28 Stat. 161; Mar. 3, 1901, ch. 854, § 225, 31 Stat. 1225; Mar. 3, 1911, ch. 231, § 120, 36 Stat. 1132). The provision in section 11205 of the District of Columbia Code, 1940 ed., that a justice of the district court while on the bench of the Court of Appeals in the District of Columbia shall not sit in review of judgment, order, or decree rendered by him below, was consolidated with a similar provision of section 216 of title 28, U.S.C., 1940 ed. The consolidation simplifies the language without change of substance. References in said section 11205 to the power to prescribe rules, requisites of record on appeal, forms of bills of exception, and procedure on appeal, were omitted as covered by Rules 73, 75, 76, of the Federal Rules of Civil Procedure and by Rule 51 of the Federal Rules of Criminal Procedure. Said section 11205 contained a provision that on a divided opinion by the Court of Appeals for the District of Columbia the decision of the lower court should stand affirmed. This was omitted as unnecessary as merely expressing a well-established rule of law. Other provisions of said section 11205 are incorporated in section 48 of this title. The provision of section 216 of title 28, U.S.C., 1940 ed., with respect to the competency of justices and judges to sit, was omitted as covered by section 43 of this title. Specific reference in said section 216 to the Chief Justice of the United States was likewise omitted inasmuch as he sits as a circuit justice. The provision of said section 216 with respect to assignment of district judges was omitted as covered by section 291 et seq. of this title. Provision of said section 216 relating to presiding judge was omitted as covered by section 44 of this title.