28 USC § 132 - Creation and composition of district courts

---
identifier: "/us/usc/t28/s132"
source: "usc"
legal_status: "official_legal_evidence"
title: "28 USC § 132 - Creation and composition of district courts"
title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
section_number: "132"
section_name: "Creation and composition of district courts"
chapter_number: 5
chapter_name: "DISTRICT COURTS"
part_number: "I"
part_name: "ORGANIZATION OF COURTS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(June 25, 1948, ch. 646, 62 Stat. 895; Pub. L. 88–176, § 2, Nov. 13, 1963, 77 Stat. 331.)"
---


# § 132. Creation and composition of district courts

**(a)** There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district.

**(b)** Each district court shall consist of the district judge or judges for the district in regular active service. Justices or judges designated or assigned shall be competent to sit as judges of the court.

**(c)** Except as otherwise provided by law, or rule or order of court, the judicial power of a district court with respect to any action, suit or proceeding may be exercised by a single judge, who may preside alone and hold a regular or special session of court at the same time other sessions are held by other judges.

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**Source Credit**: (June 25, 1948, ch. 646, 62 Stat. 895; Pub. L. 88–176, § 2, Nov. 13, 1963, 77 Stat. 331.)

### Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 1, and , U.S.C., 1940 ed., Territories and Insular Possessions (, ; , ; , ; , ; , ; , ; , ).

Section consolidates , U.S.C., 1940 ed., and , U.S.C., 1940 ed., with changes in phraseology necessary to effect the consolidation.

Subsection (c) is derived from , U.S.C., 1940 ed., which applied only to the Territory of Hawaii. The revised section, by extending it to all districts, merely recognizes established practice.

Other portions of , U.S.C., 1940 ed., are incorporated in sections 133 and 134 of this title. The remainder of , U.S.C., 1940 ed., is incorporated in sections 91 and 133 of this title.

## Editorial Notes

### Amendments

1963—Subsec. (b).  inserted “regular” before “active service”.

## Statutory Notes and Related Subsidiaries

### Continuation of Organization of Court

, , provided in part that the provisions of this title as set out in section 1 of act , with respect to the organization of the court, shall be construed as a continuation of existing law, and the tenure of the judges, officers, and employees thereof and of the United States attorneys and marshals and their deputies and assistants, in office on , shall not be affected by its enactment, but each of them shall continue to serve in the same capacity under the appropriate provisions of this title pursuant to his prior appointment.