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109th Congress > House > Vote 1045
Clerk session vote number: 377
Sponsor: SENSENBRENNER, Frank James, Jr. (R-WI)
Description: Federal Judiciary Emergency Tolling Act
Bill summary: Federal Judiciary Emergency Tolling Act of 2006 - Authorizes the chief judge of a federal judicial district or circuit to delay, toll, or otherwise grant relief from time deadlines (including the time for filing or perfecting an appeal) for any class of cases pending or thereafter filed in the district court or bankruptcy court of the district, or for any class of cases pending in the court of appeals, in the event of a natural disaster or other emergency situation requiring the closure of
courts or rendering it impracticable for the U.S. Government or a class of litigants to comply with deadlines imposed by any federal or state law or rule that applies in federal court.
Extends such tolling authority to all laws and rules affecting criminal and juvenile proceedings (including, prearrest, post-arrest, pretrial, trial, and post-trial procedures), civil actions, bankruptcy proceedings, and the time for filing and perfecting an appeal.
Excludes from such authority, however, any statute of limitation for: (1) a criminal action; or (2) a civil action, if the claim arises under state law and extending the limitations period would be inconsistent with such law.
Allows the exercise of such authority, in the absence of the chief judge, by: (1) the senior district judge in regular active service, or, if no such judge is available, by the chief judge of the circuit that includes the district; or (2) by the senior circuit judge of appeals in regular active service.
Declares that nothing in this Act shall be construed to authorize suspension of the writ of habeas corpus.
Bill titles: To provide emergency authority to delay or toll judicial proceedings in United States district and circuit courts.
Links for more info on the vote: congress.gov
