Anexo IV - 28 U.S.C.A §1407. Multidistrict litigation
| Autor | Marcus Vinicius Kiyoshi Onodera |
| Páginas | 212-214 |
MARCUS VINICIUS KIYOSHI ONODERA
212
ANEXO IV - 28 U.S.C.A §1407.
MULTIDISTRICT LITIGATION
(a)When civil actions involving one or more common questions of fact are
pending in dierent districts, such actions may be transferred to any district
for coordinated or consolidated pretrial proceedings. Such transfers shall be
made by the judicial panel on multidistrict litigation authorized by this sec-
tion upon its determination that transfers for such proceedings will be for the
convenience of parties and witnesses and will promote the just and ecient
conduct of such actions. Each action so transferred shall be remanded by the
panel at or before the conclusion of such pretrial proceedings to the district
from which it was transferred unless it shall have been previously terminat-
ed: Provided, however, at the panel may separate any claim, cross-claim,
counter-claim, or third-party claim and remand any of such claims before the
remainder of the action is remanded.
(b)Such coordinated or consolidated pretrial proceedings shall be conducted
by a judge or judges to whom such actions are assigned by the judicial panel
on multidistrict litigation. For this purpose, upon request of the panel, a cir-
cuit judge or a district judge may be designated and assigned temporarily for
service in the transferee district by the Chief Justice of the United States or the
chief judge of the circuit, as may be required, in accordance with the provisions
of chapter 13 of this title. With the consent of the transferee district court, such
actions may be assigned by the panel to a judge or judges of such district. e
judge or judges to whom such actions are assigned, the members of the judicial
panel on multidistrict litigation, and other circuit and district judges designat-
ed when needed by the panel may exercise the powers of a district judge in any
district for the purpose of conducting pretrial depositions in such coordinated
or consolidated pretrial proceedings.
(c)Proceedings for the transfer of an action under this section may be initiated
by—
(i)the judicial panel on multidistrict litigation upon its own initiative, or
(ii)motion led with the panel by a party in any action in which transfer for
coordinated or consolidated pretrial proceedings under this section may be
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