109 HR 3729 IH: To provide emergency authority to delay or toll judicial proceedings in United States district and circuit courts. U.S. House of Representatives 2005-09-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 1st Session H. R. 3729 IN THE HOUSE OF REPRESENTATIVES September 13, 2005 Mr. Sensenbrenner introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide emergency authority to delay or toll judicial proceedings in United States district and circuit courts.

1.

Emergency authority to delay or toll judicial proceedings

(a)

In general

Chapter 111 of title 28, United States Code, is amended by adding at the end the following:

1660.

Emergency authority to delay or toll judicial proceedings

(a)

In general

Upon application of the Attorney General or the Attorney General’s designee, or on his or her own motion, the chief judge of a district court that has been affected (or, if the chief district judge is unavailable, the most senior available active district judge or the chief judge of the court of appeals including the district) may, in the event of a natural disaster, civil disobedience, or other emergency situation requiring the closure of courts or other circumstances inhibiting the ability of litigants to comply with deadlines imposed by rules of procedure applicable in the courts of the United States, enter such order or orders as may be appropriate to delay, toll, or otherwise grant relief from time deadlines imposed by otherwise applicable statutes and rules of procedure for such period and in such judicial district as may be appropriate, including, without limitation, those affecting all prearrest, post-arrest, pretrial, trial, and post-trial procedures in criminal and juvenile proceedings and all civil process and proceedings, and the time for filing and perfecting an appeal. (b)

Criminal cases

In setting new time limits under this section for criminal cases, the court shall consider the Government’s ability to investigate, litigate, and process defendants during and after the emergency situation. (c)

Appeals

Upon application of the Attorney General or the Attorney General’s designee, or on his or her own motion, the chief judge of a court of appeals that has been affected or that includes a district court so affected (or, if the chief circuit judge is unavailable, the most senior available active circuit judge) may, in the event of a natural disaster, civil disobedience, or other emergency situation requiring the closure of courts or other circumstances inhibiting the ability of litigants to comply with deadlines imposed by rules of procedure applicable in the courts of the United States, enter such order or orders as may be appropriate to delay, toll, or otherwise grant relief from time deadlines imposed by otherwise applicable statutes and rules of procedure for such period and in such circuit as may be appropriate, including, without limitation, those affecting all appellate proceedings.

. (b)

Clerical amendment

The table of sections at the beginning of chapter 111 of title 28, United States Code, is amended by adding at the end the following new item: 1660. Emergency authority to delay or toll judicial proceedings.