republic-os/legal/us/code/title-28/chapter-21/section-452.md

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LegalText	28 U.S.C. § 452	Courts always open; powers unrestricted by expiration of sessions	us	united_states_code	code_section	28	JUDICIARY AND JUDICIAL PROCEDURE	21	GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES	452	28 U.S.C. § 452	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/s452	data/legal/raw/us/code/title-28/usc28.xml	2d5cd81d5945fc43a9f1aa3ea75b443eb00e0d7ccc395414fb9c96b65c8ba261	3390f867a2c02f5d0c496269da780795fe19663a090a3040c64a9ee0a541cdcf	c8238f032b298f0cbe5484e460b61c59c063c657a0b2d7fbb2bab06671099f00	2026-07-04	official	legal us-code

28 U.S.C. § 452 - Courts always open; powers unrestricted by expiration of sessions

Text

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, § 2, Oct. 16, 1963, 77 Stat. 248.)

Notes

Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., §§ 13 and 302 (Mar. 3, 1911, ch. 231, §§ 9, 189, 36 Stat. 1088, 1143; Mar. 2, 1929, ch. 488, § 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.

Editorial Notes

Amendments1963—Pub. L. 88–139 substituted “expiration of sessions” for “terms” in section catchline, and “session” for “term” in text.