Page:United States Statutes at Large Volume 105 Part 2.djvu/675

From Wikisource
Jump to: navigation, search
This page needs to be proofread.


PUBLIC LAW 102-198—DEC. 9, 1991 105 STAT. 1627 A, Notice and Acknowledgment for Service by Mail, abrogated by the Supreme Court in such transmittal, effective December 1, 1991, shall continue in effect on or after that date. SEC. 12. CONFORMITY WITH RULES OF APPELLATE PROCEDURE. Section 2107 of title 28, United States Code, is amended— (1) by designating the first and second paragraphs as subsections (a) and (b), respectively; (2) by striking the third and fourth paragraphs; (3) by designating the fifth paragraph as subsection (d); and (4) by inserting after subsection (b), as so designated, the following: "(c) The district court may, upon motion filed not later than 30 days after the expiration of the time otherwise set for bringing appeal, extend the time for appeal upon a showing of excusable neglect or good cause. In addition, if the district court finds— "(1) that a party entitled to notice of the entry of a judgment or order did not receive such notice from the clerk or any party within 21 days of its entry, and "(2) that no party would be prejudiced, the district court may, upon motion filed within 180 days after entry of the judgment or order or within 7 days after receipt of such notice, whichever is earlier, reopen the time for appeal for a period of 14 days from the date of entry of the order reopening the time for appeal.". Approved December 9, 1991. LEGISLATIVE HISTORY—S. 1284: HOUSE REPORTS: No. 102-322 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 137 (1991): June 12, considered and passed Senate. Nov. 19, considered and passed House, amended. Nov. 22, Senate concurred in House amendments.