PART IV—JURISDICTION AND VENUE
Amendments
1992—
1982—
1980—
1978—
1976—
Cross References
District of Columbia courts, jurisdiction, see Title 11 of District of Columbia Code.
Judicial power of the United States, see Const. Art. 3, §§1, 2, and U.S. Const. Amend. 11.
Tax Court jurisdiction, see
1 So in original. Probably should be "1330".
CHAPTER 81 —SUPREME COURT
Amendments
1994—
1988—
1983—
1982—
1961—
Definitions of Courts and Judges
Section 32 of act June 25, 1948, as amended by act May 24, 1949, ch. 139, §127,
"(a) All laws of the United States in force on September 1, 1948, in which reference is made to a 'circuit court of appeals'; 'senior circuit judge'; 'senior district judge'; 'presiding judge'; 'chief justice', except when reference to the Chief Justice of the United States is intended; or 'justice', except when used with respect to a justice of the Supreme Court of the United States in his capacity as such or as a circuit justice, are hereby amended by substituting 'court of appeals' for 'circuit court of appeals'; 'chief judge of the circuit' for 'senior circuit judge'; 'chief judge of the district court' for 'senior district judge'; 'chief judge' for 'presiding judge'; 'chief judge' for 'chief justice', except when reference to the Chief Justice of the United States is intended; and 'judge' for 'justice', except when the latter term is used with respect to a justice of the Supreme Court of the United States in his capacity as such or as a circuit justice.
"(b) All laws of the United States in force on September 1, 1948, in which reference is made to the Supreme Court of the District of Columbia or to the District Court of the United States for the District of Columbia are amended by substituting 'United States District Court for the District of Columbia' for such designations.
"(c) All laws of the United States in force on September 1, 1948, in which reference is made to the 'Conference of Senior Circuit Judges', or to the 'Judicial Conference of Senior Circuit Judges' are amended by substituting 'Judicial Conference of the United States' for such designations.
"(d) This section shall not be construed to amend historical references to courts or judicial offices which have no present or future application to such courts or offices."
Rules of the Supreme Court
Procedure generally, on appeal to or in Supreme Court, see Appendix to this title.
Federal Rules of Criminal Procedure
Bail upon review, see rule 46, Title 18, Appendix, Crimes and Criminal Procedure.
Stay of execution, and relief pending review, see rule 38.
Cross References
Procedure and particular proceedings, generally, see
§1251. Original jurisdiction
(a) The Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more States.
(b) The Supreme Court shall have original but not exclusive jurisdiction of:
(1) All actions or proceedings to which ambassadors, other public ministers, consuls, or vice consuls of foreign states are parties;
(2) All controversies between the United States and a State;
(3) All actions or proceedings by a State against the citizens of another State or against aliens.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§341, 371(7), (8) (Mar. 3, 1911, ch. 231, §§233, 256,
This section reconciles provisions of
The original jurisdiction conferred on the Supreme Court by Article 3, section 2, of the Constitution is not exclusive by virtue of that provision alone. Congress may provide for or deny exclusiveness. Ames v. Kansas, 1884, 4 S.Ct. 437, 111 U.S. 449, 28 L.Ed. 442; U.S. v. 4,450.72 Acres of Land, Clearwater County, State of Minnesota, D.C. Minn., 1939, 27 F.Supp. 167, affirmed 125 F.2d 636.
So, also, in actions by the United States to condemn lands of a State or to enforce penalties for violation of a Federal statute against a State-owned utility, the United States district courts have jurisdiction. See United States v. State of Utah, 1931, 51 S.Ct. 438, 283 U.S. 64, 75 L.Ed. 844; United States v. 4,450.72 Acres of Land, Clearwater County, State of Minnesota, D.C.Minn. 1939, 27 F.Supp. 167, affirmed 125 F.2d 636; United States v. State of California, 1936, 56 S.Ct. 421, 297 U.S. 175, 80 L.Ed. 567.
The intent of
The revised section preserves existing law with reference to foreign ambassadors, other public ministers and consuls. Under subsection (a)(2) the Supreme Court has exclusive jurisdiction of actions or proceedings against the ambassadors or public ministers of other nations.
Under subsection (b)(1) the Supreme Court has original but not exclusive jurisdiction of actions or proceedings brought by such ambassadors or other public ministers or to which consuls or vice consuls of other nations are parties.
This section and said
Changes were made in phraseology.
Amendments
1978—Subsec. (a).
Subsec. (b)(1).
Effective Date of 1978 Amendment
Amendment by
Statutes Governing Writs of Error To Apply to Appeals
Act Jan. 31, 1928, ch. 14, §2,
Rules of the Supreme Court
Procedure in original actions, see rule 17, Appendix to this title.
Cross References
Controversies involving pollution of waters, jurisdiction of actions by States, see
Jury trial in original actions at law in Supreme Court against citizens of the United States, see
Original jurisdiction—
District Court of all suits against consuls and vice-consuls, see
Supreme Court, see, also, Const. Art. 3, §2, Cl. 2.
Writs, see
[§1252. Repealed. Pub. L. 100–352, §1, June 27, 1988, 102 Stat. 662 ]
Section, acts June 25, 1948, ch. 646,
Effective Date of Repeal
Repeal effective ninety days after June 27, 1988, except that such repeal not to apply to cases pending in Supreme Court on such effective date or affect right to review or manner of reviewing judgment or decree of court which was entered into before such effective date, see section 7 of
§1253. Direct appeals from decisions of three-judge courts
Except as otherwise provided by law, any party may appeal to the Supreme Court from an order granting or denying, after notice and hearing, an interlocutory or permanent injunction in any civil action, suit or proceeding required by any Act of Congress to be heard and determined by a district court of three judges.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§47, 47a, 380 and 380a (Mar. 3, 1911, ch. 231, §§210, 266,
This section consolidates the provisions of
For distribution of other provisions of the sections on which this revised section is based, see Distribution Table.
The language in
Words in
The final proviso of
Rules of the Supreme Court
Procedure on appeal, see Appendix to this title.
Stays, see rule 23.
Federal Rules of Civil Procedure
Stay of proceedings to enforce judgment, see rule 62, Appendix to this title.
Cross References
Direct appeals from three-judge courts—
Antitrust laws, see
Communications Act of 1934, see
Packers and Stockyards Act, see
Quorum of Supreme Court justices absent, see
Time for appeal or certiorari, see
Writs, see
Section Referred to in Other Sections
This section is referred to in
§1254. Courts of appeals; certiorari; certified questions
Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods:
(1) By writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after rendition of judgment or decree;
(2) By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired, and upon such certification the Supreme Court may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§346 and 347 (Mar. 3, 1911, ch. 231, §§239, 240,
Section consolidates
Words "or in the United States Court of Appeals for the District of Columbia" and "or of the United States Court of Appeals for the District of Columbia" in
The prefatory words of this section preceding paragraph (1) were substituted for subsection (c) of said section 347.
The revised section omits the words of
Changes were made in phraseology and arrangement.
Amendments
1988—
Pars. (2), (3).
Effective Date of 1988 Amendment
Section 7 of
Rules of the Supreme Court
Procedure generally on appeal, writ of certiorari, or certification of questions, see Appendix to this title.
Stays, see rule 23.
Federal Rules of Civil Procedure
Power of appellate court to stay proceedings not limited by rule 62, see rule 62(g), Appendix to this title.
Cross References
Quorum of Supreme Court justices, see
Review generally, see
Review of appeals of orders relating to use of pesticide chemicals and raw agricultural commodities, see
Time for appeal or certiorari, see
Writs, see
Section Referred to in Other Sections
This section is referred to in
[§§1255, 1256. Repealed. Pub. L. 97–164, title I, §123, Apr. 2, 1982, 96 Stat. 36 ]
Section 1255, act June 25, 1948, ch. 646,
Section 1256, act June 25, 1948, ch. 646,
Effective Date of Repeal
Repeal effective Oct. 1, 1982, see section 402 of
§1257. State courts; certiorari
(a) Final judgments or decrees rendered by the highest court of a State in which a decision could be had, may be reviewed by the Supreme Court by writ of certiorari where the validity of a treaty or statute of the United States is drawn in question or where the validity of a statute of any State is drawn in question on the ground of its being repugnant to the Constitution, treaties, or laws of the United States, or where any title, right, privilege, or immunity is specially set up or claimed under the Constitution or the treaties or statutes of, or any commission held or authority exercised under, the United States.
(b) For the purposes of this section, the term "highest court of a State" includes the District of Columbia Court of Appeals.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §344 (Mar. 3, 1911, ch. 231, §§236, 237,
Provisions of
The revised section applies in both civil and criminal cases. In Twitchell v. Philadelphia, 1868, 7 Wall. 321, 19 L.Ed. 223, it was expressly held that the provisions of section 25 of the Judiciary Act of 1789,
Provision, in
Words "and the power to review under this paragraph may be exercised as well where the Federal claim is sustained as where it is denied," in said section 344(b), were omitted as surplusage.
The last sentence in said section 344(b) relating to the right to relief under both subsections of said section 344, was omitted as unnecessary.
Changes were made in phraseology.
Amendments
1988—
"(1) By appeal, where is drawn in question the validity of a treaty or statute of the United States and the decision is against its validity.
"(2) By appeal, where is drawn in question the validity of a statute of any state on the ground of its being repugnant to the Constitution, treaties or laws of the United States, and the decision is in favor of its validity.
"(3) By writ of certiorari, where the validity of a treaty or statute of the United States is drawn in question or where the validity of a State statute is drawn in question on the ground of its being repugnant to the Constitution, treaties or laws of the United States, or where any title, right, privilege or immunity is specially set up or claimed under the Constitution, treaties or statutes of, or commission held or authority exercised under, the United States.
"For the purposes of this section, the term 'highest court of a State' includes the District of Columbia Court of Appeals."
1970—
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1970 Amendment
Section 199(a) of title I of
Rules of the Supreme Court
Jurisdiction on writ of certiorari, see rules 10 to 16, Appendix to this title.
Cross References
Determination on review, see
Quorum of Supreme Court justices absent, disposition of case, see
Review of State court decisions—
Priority of criminal cases, see
Procedure and effect, see
Time for appeal or certiorari, see
Writs, see
Section Referred to in Other Sections
This section is referred to in title 15 section 3207; title 16 section 2633.
§1258. Supreme Court of Puerto Rico; certiorari
Final judgments or decrees rendered by the Supreme Court of the Commonwealth of Puerto Rico may be reviewed by the Supreme Court by writ of certiorari where the validity of a treaty or statute of the United States is drawn in question or where the validity of a statute of the Commonwealth of Puerto Rico is drawn in question on the ground of its being repugnant to the Constitution, treaties, or laws of the United States, or where any title, right, privilege, or immunity is specially set up or claimed under the Constitution or the treaties or statutes of, or any commission held or authority exercised under, the United States.
(Added
Amendments
1988—
"(1) By appeal, where is drawn in question the validity of a treaty or statute of the United States and the decision is against its validity.
"(2) By appeal, where is drawn in question the validity of a statute of the Commonwealth of Puerto Rico on the ground of its being repugnant to the Constitution, treaties, or laws of the United States, and the decision is in favor of its validity.
"(3) By writ of certiorari, where the validity of a treaty or statute of the United States is drawn in question or where the validity of a statute of the Commonwealth of Puerto Rico is drawn in question on the ground of its being repugnant to the Constitution, treaties, or laws of the United States, or where any title, right, privilege, or immunity is specially set up or claimed under the Constitution, treaties, or statutes of, or commission held or authority exercised under, the United States."
Effective Date of 1988 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 15 section 3207; title 16 section 2633.
§1259. Court of Appeals for the Armed Forces; certiorari
Decisions of the United States Court of Appeals for the Armed Forces may be reviewed by the Supreme Court by writ of certiorari in the following cases:
(1) Cases reviewed by the Court of Appeals for the Armed Forces under
(2) Cases certified to the Court of Appeals for the Armed Forces by the Judge Advocate General under
(3) Cases in which the Court of Appeals for the Armed Forces granted a petition for review under
(4) Cases, other than those described in paragraphs (1), (2), and (3) of this subsection, in which the Court of Appeals for the Armed Forces granted relief.
(Added
Amendments
1994—
1989—
Effective Date
Section effective on the first day of the eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) of
Section Referred to in Other Sections
This section is referred to in title 10 section 867a.
CHAPTER 83 —COURTS OF APPEALS
Amendments
1984—
1982—
1978—
1961—
Federal Rules of Appellate Procedure
Appeal to a court of appeals, see rules 3 and 4, Appendix to this title.
Joint or consolidated appeals to a court of appeals, see rule 3.
Record on appeal to a court of appeals, see rule 10.
Federal Rules of Criminal Procedure
Application of rules, see note by Advisory Committee under rule 54, Title 18, Appendix, Crimes and Criminal Procedure.
Bail upon review, see rule 46.
Stay of execution and relief pending review, see rule 38.
Cross References
Jurisdiction of courts and appeals in particular matters, see Historical and Revision Notes under
Procedure and particular proceedings, generally, see
Vesting and liquidation of Bulgarian, Hungarian, and Rumanian property, final orders or decrees of district courts of the United States reviewable as provided in this chapter, see
Chapter Referred to in Other Sections
This chapter is referred to in title 22 section 1631e; title 29 sections 1813, 1853, 1854.
§1291. Final decisions of district courts
The courts of appeals (other than the United States Court of Appeals for the Federal Circuit) shall have jurisdiction of appeals from all final decisions of the district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, except where a direct review may be had in the Supreme Court. The jurisdiction of the United States Court of Appeals for the Federal Circuit shall be limited to the jurisdiction described in sections 1292(c) and (d) and 1295 of this title.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§225(a), 933(a)(1), and
This section rephrases and simplifies paragraphs "First", "Second", and "Third" of
The district courts for the districts of Hawaii and Puerto Rico are embraced in the term "district courts of the United States." (See definitive
Paragraph "Fourth" of
Words "Fifth. In the United States Court for China, in all cases" in said section 225(a) were omitted. (See reviser's note under
Venue provisions of
In addition to the jurisdiction conferred by this chapter, the courts of appeals also have appellate jurisdiction in proceedings under Title 11, Bankruptcy, and jurisdiction to review:
(1) Orders of the Secretary of the Treasury denying an application for, suspending, revoking, or annulling a basic permit under
(2) Orders of the Interstate Commerce Commission, the Federal Communications Commission, the Civil Aeronautics Board, the Board of Governors of the Federal Reserve System and the Federal Trade Commission, based on violations of the antitrust laws or unfair or deceptive acts, methods, or practices in commerce;
(3) Orders of the Secretary of the Army under
(4) Orders of the Civil Aeronautics Board under
(5) Orders under
(6) Orders of the Federal Power Commission under
(7) Orders of the Federal Security Administrator under
(8) Orders of the Federal Power Commission under
(9) Final orders of the National Labor Relations Board;
(10) Cease and desist orders under
(11) Orders of the Securities and Exchange Commission;
(12) Orders to cease and desist from violating
(13) Wage orders of the Administrator of the Wage and Hour Division of the Department of Labor under
(14) Orders under
The courts of appeals also have jurisdiction to enforce:
(1) Orders of the Interstate Commerce Commission, the Federal Communications Commission, the Civil Aeronautics Board, the Board of Governors of the Federal Reserve System, and the Federal Trade Commission, based on violations of the antitrust laws or unfair or deceptive acts, methods, or practices in commerce;
(2) Final orders of the National Labor Relations Board;
(3) Orders to cease and desist from violating
The Court of Appeals for the District of Columbia also has jurisdiction to review orders of the Post Office Department under
Changes were made in phraseology.
Amendments
1982—
1958—
1951—Act Oct. 31, 1951, inserted reference to District Court of Guam.
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1958 Amendment
Amendment by
Termination of United States District Court for the District of the Canal Zone
For termination of the United States District Court for the District of the Canal Zone at end of the "transition period", being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and
Federal Rules of Appellate Procedure
Procedure on appeal, see rule 1 et seq., Appendix to this title.
Federal Rules of Criminal Procedure
Procedure on appeal, see rules 38 and 46(a)(2), Title 18, Appendix, Crimes and Criminal Procedure.
Cross References
Antitrust Civil Process Act judicial proceedings subject to appeal pursuant to this section, see
Criminal cases, direct appeals to Supreme Court, and appeals to courts of appeals, see
Direct appeals to Supreme Court, see
Prize cases, allowance of appeal, see
Time for appeal, see
Trade-mark actions, appellate jurisdiction, see
Section Referred to in Other Sections
This section is referred to in
§1292. Interlocutory decisions
(a) Except as provided in subsections (c) and (d) of this section, the courts of appeals shall have jurisdiction of appeals from:
(1) Interlocutory orders of the district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, or of the judges thereof, granting, continuing, modifying, refusing or dissolving injunctions, or refusing to dissolve or modify injunctions, except where a direct review may be had in the Supreme Court;
(2) Interlocutory orders appointing receivers, or refusing orders to wind up receiverships or to take steps to accomplish the purposes thereof, such as directing sales or other disposals of property;
(3) Interlocutory decrees of such district courts or the judges thereof determining the rights and liabilities of the parties to admiralty cases in which appeals from final decrees are allowed.
(b) When a district judge, in making in a civil action an order not otherwise appealable under this section, shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, he shall so state in writing in such order. The Court of Appeals which would have jurisdiction of an appeal of such action may thereupon, in its discretion, permit an appeal to be taken from such order, if application is made to it within ten days after the entry of the order: Provided, however, That application for an appeal hereunder shall not stay proceedings in the district court unless the district judge or the Court of Appeals or a judge thereof shall so order.
(c) The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction—
(1) of an appeal from an interlocutory order or decree described in subsection (a) or (b) of this section in any case over which the court would have jurisdiction of an appeal under
(2) of an appeal from a judgment in a civil action for patent infringement which would otherwise be appealable to the United States Court of Appeals for the Federal Circuit and is final except for an accounting.
(d)(1) When the chief judge of the Court of International Trade issues an order under the provisions of
(2) When the chief judge of the United States Court of Federal Claims issues an order under
(3) Neither the application for nor the granting of an appeal under this subsection shall stay proceedings in the Court of International Trade or in the Court of Federal Claims, as the case may be, unless a stay is ordered by a judge of the Court of International Trade or of the Court of Federal Claims or by the United States Court of Appeals for the Federal Circuit or a judge of that court.
(4)(A) The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction of an appeal from an interlocutory order of a district court of the United States, the District Court of Guam, the District Court of the Virgin Islands, or the District Court for the Northern Mariana Islands, granting or denying, in whole or in part, a motion to transfer an action to the United States Court of Federal Claims under
(B) When a motion to transfer an action to the Court of Federal Claims is filed in a district court, no further proceedings shall be taken in the district court until 60 days after the court has ruled upon the motion. If an appeal is taken from the district court's grant or denial of the motion, proceedings shall be further stayed until the appeal has been decided by the Court of Appeals for the Federal Circuit. The stay of proceedings in the district court shall not bar the granting of preliminary or injunctive relief, where appropriate and where expedition is reasonably necessary. However, during the period in which proceedings are stayed as provided in this subparagraph, no transfer to the Court of Federal Claims pursuant to the motion shall be carried out.
(e) The Supreme Court may prescribe rules, in accordance with
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§225(b), 227, 227a, and
Section consolidates sections 225(b), 227 and part of 227a of title 28, U.S.C., 1940 ed., with necessary changes in phraseology to effect the consolidation.
The second paragraph of
Words in
Provisions of
Provisions of
Words in
In subsection (4), which is based on
The provision of
The provisions of
The district courts for the districts of Hawaii and Puerto Rico are embraced in the term "district courts of the United States." (See definitive
The District Court for the District of Puerto Rico is not enumerated in
Amendments
1992—Subsec. (d)(2).
Subsec. (d)(3).
Subsec. (d)(4).
Subsec. (e).
1988—Subsec. (d)(4).
1984—Subsec. (b).
Subsec. (c)(1).
1982—Subsec. (a).
Subsec. (a)(4).
Subsecs. (c), (d).
1958—
Par. (1).
1951—Par. (1). Act Oct. 31, 1951, inserted reference to District Court of Guam.
Effective Date of 1992 Amendment
Amendment by section 101 of
Amendment by sections 902(b) and 906(c) of
Effective Date of 1988 Amendment
Section 502 of title V of
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1958 Amendment
Amendment by
Termination of United States District Court for the District of the Canal Zone
For termination of the United States District Court for the District of the Canal Zone at end of the "transition period", being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and
Federal Rules of Civil Procedure
Stay of proceedings on appeal, see rule 62, Appendix to this title.
Cross References
Direct review in Supreme Court, see
Time for appeal, see
Writs in aid of jurisdiction, power to issue, see
Section Referred to in Other Sections
This section is referred to in
[§1293. Repealed. Pub. L. 87–189, §3, Aug. 30, 1961, 75 Stat. 417 ]
Section, acts June 25, 1948, ch. 646,
A subsequent section 1293, added
§1294. Circuits in which decisions reviewable
Except as provided in
(1) From a district court of the United States to the court of appeals for the circuit embracing the district;
(2) From the United States District Court for the District of the Canal Zone, to the Court of Appeals for the Fifth Circuit;
(3) From the District Court of the Virgin Islands, to the Court of Appeals for the Third Circuit;
(4) From the District Court of Guam, to the Court of Appeals for the Ninth Circuit.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on
Section consolidates the venue provisions of
Paragraph (3) of
Provisions of
Subsection (b) rephrases and rearranges the relevant provisions of
Specific reference to the United States district courts for the districts of Hawaii, Puerto Rico and District of Columbia was omitted as unnecessary, these courts being embraced in the definition of "a district court of the United States" contained in
Administrative orders, referred to in reviser's note under
Orders Reviewable
(1) Alcoholic permit orders—in the District of Columbia or in the circuit where the applicant or permittee resides or has his principal place of business;
(2) Antitrust and unfair trade orders—in the circuit where unlawful act occurred or petitioner resides or carries on business;
(3) Bridge alteration; cost orders—in the circuit where bridge is wholly or partly located;
(4) Civil aeronautics orders—in the District of Columbia or circuit where petitioner resides or has his principal place of business;
(5) Commodity exchange orders—in the circuit where board of trade has its principal place of business or in circuit where petitioner for review of exclusion order carries on business;
(6) Electric and water power orders—in the District of Columbia or circuit where licensee or public utility to which order relates is located or has its principal place of business;
(7) Food, drug and cosmetic orders—in the circuit where person adversely affected resides or has his principal place of business;
(8) Gas orders—in the District of Columbia or circuit where company to which order relates is located or has its principal place of business;
(9) National Labor Relations Board's final orders—in the District of Columbia or circuit where unfair labor practice occurred or violator resides or transacts business;
(10) Packers cease and desist orders—in the circuit where packer has his principal place of business;
(11) Radio license decisions—in the District of Columbia;
(12) Securities and Exchange Commission orders—in the District of Columbia or circuit where petitioner resides or has his principal place of business;
(13) Seed orders—in the circuit where violator resides or has his principal place of business;
(14) Wage orders—in the District of Columbia or circuit where petitioner resides or has his principal place of business;
(15) Foreign Trade Zones Board orders—in the circuit where the Zone is located;
(16) Customhouse broker licenses—in circuit where applicant or licensee resides or has his principal place of business.
Orders Enforceable
(1) Antitrust and unfair trade orders—in the circuit where unlawful act occurred or person allegedly committing unlawful act resides or carries on business;
(2) National Labor Relations Board's final orders—in the circuit where unfair labor practice occurred or violator resides or transacts business;
(3) Seed orders—in the circuit where violator resides or has his principal place of business.
Changes were made in phraseology.
By Senate amendment, this section was renumbered "1294", and subsec. (b), which related to the Tax Court, was eliminated. Therefore, as finally enacted,
Amendments
1982—
1978—
1961—Pars. (4), (5).
1959—Pars. (4) to (6).
1958—Par. (2).
Pars. (3) to (7).
1951—Par. (7). Act Oct. 31, 1951, added par. (7).
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1959 Amendment
Amendment by
Effective Date of 1958 Amendment
Amendment by
Termination of United States District Court for the District of the Canal Zone
For termination of the United States District Court for the District of the Canal Zone at end of the "transition period", being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and
Cross References
Administrative orders, circuits where reviewable and enforceable, see reviser's note for this section.
Section Referred to in Other Sections
This section is referred to in
§1295. Jurisdiction of the United States Court of Appeals for the Federal Circuit
(a) The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction—
(1) of an appeal from a final decision of a district court of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, the District Court of the Virgin Islands, or the District Court for the Northern Mariana Islands, if the jurisdiction of that court was based, in whole or in part, on
(2) of an appeal from a final decision of a district court of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, the District Court of the Virgin Islands, or the District Court for the Northern Mariana Islands, if the jurisdiction of that court was based, in whole or in part, on
(3) of an appeal from a final decision of the United States Court of Federal Claims;
(4) of an appeal from a decision of—
(A) the Board of Patent Appeals and Interferences of the Patent and Trademark Office with respect to patent applications and interferences, at the instance of an applicant for a patent or any party to a patent interference, and any such appeal shall waive the right of such applicant or party to proceed under
(B) the Commissioner of Patents and Trademarks or the Trademark Trial and Appeal Board with respect to applications for registration of marks and other proceedings as provided in section 21 of the Trademark Act of 1946 (
(C) a district court to which a case was directed pursuant to
(5) of an appeal from a final decision of the United States Court of International Trade;
(6) to review the final determinations of the United States International Trade Commission relating to unfair practices in import trade, made under section 337 of the Tariff Act of 1930 (
(7) to review, by appeal on questions of law only, findings of the Secretary of Commerce under U.S. note 6 to subchapter X of
(8) of an appeal under section 71 of the Plant Variety Protection Act (
(9) of an appeal from a final order or final decision of the Merit Systems Protection Board, pursuant to
(10) of an appeal from a final decision of an agency board of contract appeals pursuant to section 8(g)(1) of the Contract Disputes Act of 1978 (
(11) of an appeal under section 211 of the Economic Stabilization Act of 1970;
(12) of an appeal under section 5 of the Emergency Petroleum Allocation Act of 1973;
(13) of an appeal under section 506(c) of the Natural Gas Policy Act of 1978; and
(14) of an appeal under section 523 of the Energy Policy and Conservation Act.
(b) The head of any executive department or agency may, with the approval of the Attorney General, refer to the Court of Appeals for the Federal Circuit for judicial review any final decision rendered by a board of contract appeals pursuant to the terms of any contract with the United States awarded by that department or agency which the head of such department or agency has concluded is not entitled to finality pursuant to the review standards specified in section 10(b) of the Contract Disputes Act of 1978 (
(c) The Court of Appeals for the Federal Circuit shall review the matter referred in accordance with the standards specified in section 10(b) of the Contract Disputes Act of 1978. The court shall proceed with judicial review on the administrative record made before the board of contract appeals on matters so referred as in other cases pending in such court, shall determine the issue of finality of the appeal decision, and shall, if appropriate, render judgment thereon, or remand the matter to any administrative or executive body or official with such direction as it may deem proper and just.
(Added
References in Text
The Harmonized Tariff Schedule of the United States, referred to in subsec. (a)(7), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under
Section 211 of the Economic Stabilization Act of 1970, referred to in subsec. (a)(11), is section 211 of
Section 5 of the Emergency Petroleum Allocation Act of 1973, referred to in subsec. (a)(12), is section 5 of
Section 506(c) of the Natural Gas Policy Act of 1978, referred to in subsec. (a)(13), is classified to
Section 523 of the Energy Policy and Conservation Act, referred to in subsec. (a)(14), is classified to
Amendments
1992—Subsec. (a)(3).
Subsec. (a)(11) to (14).
1988—Subsec. (a)(1).
Subsec. (a)(7).
1984—Subsec. (a)(4)(A).
Effective Date of 1992 Amendment
Amendment by section 102(c) of
Amendment by section 902(b)(1) of
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Amendment by
Effective Date
Section effective Oct. 1, 1982, see section 402 of
Abolition of Temporary Emergency Court of Appeals
Section 102(d), (e) of
"(d)
"(e)
"(2) Any case which, before the effective date of abolition described in subsection (d), has been submitted to a panel of the Temporary Emergency Court of Appeals and as to which the mandate has not been issued as of that date shall remain with that panel for all purposes and, notwithstanding the provisions of
Termination of United States District Court for the District of the Canal Zone
For termination of the United States District Court for the District of the Canal Zone at end of the "transition period", being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and
Section Referred to in Other Sections
This section is referred to in
[§1296. Repealed. Pub. L. 98–620, title IV, §402(29)(C), Nov. 8, 1984, 98 Stat. 3359 ]
Section, added
Effective Date of Repeal
Repeal not applicable to cases pending on Nov. 8, 1984, see section 403 of
CHAPTER 85 —DISTRICT COURTS; JURISDICTION
Amendments
1994—
1990—
1988—
1986—
1984—
1980—
1978—
1976—
1970—
1966—
1962—
1958—
1953—Act Aug. 15, 1953, ch. 505, §3,
Federal Rules of Civil Procedure
Procedure, generally, in district courts, see Appendix to this title.
Jurisdictional grounds, statement required in claim for relief, see rule 8.
Parties, see rules 17 to 25.
Process and service, see rules 4 and 5.
Federal Rules of Criminal Procedure
Procedure, generally, in district courts, see Title 18, Appendix, Crimes and Criminal Procedure.
Cross References
Admiralty and maritime jurisdiction, see
Amendment of pleadings to show jurisdiction, see
Costs on dismissal for lack of jurisdiction, see
Criminal jurisdiction of district courts, see
Criminal procedure, see
District of Columbia district court, additional jurisdiction, see D.C. Code §11–501.
Guam, jurisdiction of district court, see
Immigration, jurisdiction of district courts, see
Jurisdiction in suits to recover share of expenses against handlers of agricultural commodities regardless of amount in controversy, see
Jurisdiction of district courts in particular matters, see table in reviser's note for
Naturalization, judicial review by district courts of denial of application, see
Process, see
Removal of cases from state courts, see
Virgin Islands, jurisdiction of district court, see
§1330. Actions against foreign states
(a) The district courts shall have original jurisdiction without regard to amount in controversy of any nonjury civil action against a foreign state as defined in
(b) Personal jurisdiction over a foreign state shall exist as to every claim for relief over which the district courts have jurisdiction under subsection (a) where service has been made under
(c) For purposes of subsection (b), an appearance by a foreign state does not confer personal jurisdiction with respect to any claim for relief not arising out of any transaction or occurrence enumerated in
(Added
Effective Date
Section effective 90 days after Oct. 21, 1976, see section 8 of
§1331. Federal question
The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §41(1) (Mar. 3, 1911, ch. 231, §24, par. 1,
Jurisdiction of federal questions arising under other sections of this chapter is not dependent upon the amount in controversy. (See annotations under former
Words "wherein the matter in controversy exceeds the sum or value of $3,000, exclusive of interest and costs," were added to conform to rulings of the Supreme Court. See construction of provision relating to jurisdictional amount requirement in cases involving a Federal question in United States v. Sayward, 16 S.Ct. 371, 160 U.S. 493, 40 L.Ed. 508; Fishback v. Western Union Tel. Co., 16 S.Ct. 506, 161 U.S. 96, 40 L.Ed. 630; and Halt v. Indiana Manufacturing Co., 1900, 20 S.Ct. 272, 176 U.S. 68, 44 L.Ed. 374.
Words "all civil actions" were substituted for "all suits of a civil nature, at common law or in equity" to conform with Rule 2 of the Federal Rules of Civil Procedure.
Words "or treaties" were substituted for "or treaties made, or which shall be made under their authority," for purposes of brevity.
The remaining provisions of
Changes were made in arrangement and phraseology.
Amendments
1980—
1976—Subsec. (a).
1958—
Effective Date of 1980 Amendment; Applicability
Section 4 of
Effective Date of 1958 Amendment
Section 3 of
Cross References
Controversies involving pollution of waters, jurisdiction of actions by States, see
Convention on the Settlement of Investment Disputes, exclusive jurisdiction of district courts over actions and proceedings for enforcement of arbitration awards under the Convention, regardless of amount in controversy, see
Federal Deposit Insurance Corporation as party, see
Federal reserve bank as party, see
International Finance Corporation as party, see
International or foreign banking transactions, see
Reclamation projects, compensation for rights-of-way, see
Section Referred to in Other Sections
This section is referred to in
§1332. Diversity of citizenship; amount in controversy; costs
(a) The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $50,000, exclusive of interest and costs, and is between—
(1) citizens of different States;
(2) citizens of a State and citizens or subjects of a foreign state;
(3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and
(4) a foreign state, defined in
For the purposes of this section, section 1335, and section 1441, an alien admitted to the United States for permanent residence shall be deemed a citizen of the State in which such alien is domiciled.
(b) Except when express provision therefor is otherwise made in a statute of the United States, where the plaintiff who files the case originally in the Federal courts is finally adjudged to be entitled to recover less than the sum or value of $50,000, computed without regard to any setoff or counterclaim to which the defendant may be adjudged to be entitled, and exclusive of interest and costs, the district court may deny costs to the plaintiff and, in addition, may impose costs on the plaintiff.
(c) For the purposes of this section and
(1) a corporation shall be deemed to be a citizen of any State by which it has been incorporated and of the State where it has its principal place of business, except that in any direct action against the insurer of a policy or contract of liability insurance, whether incorporated or unincorporated, to which action the insured is not joined as a party-defendant, such insurer shall be deemed a citizen of the State of which the insured is a citizen, as well as of any State by which the insurer has been incorporated and of the State where it has its principal place of business; and
(2) the legal representative of the estate of a decedent shall be deemed to be a citizen only of the same State as the decedent, and the legal representative of an infant or incompetent shall be deemed to be a citizen only of the same State as the infant or incompetent.
(d) The word "States", as used in this section, includes the Territories, the District of Columbia, and the Commonwealth of Puerto Rico.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §41(1) (Mar. 3, 1911, ch. 231, §24, par. 1,
Other provisions of
Jurisdiction conferred by other sections of this chapter, except section 1335, is not dependent upon diversity of citizenship. (See annotations under former
Words "all civil actions" were substituted for "all suits of a civil nature, at common law or in equity" in order to conform to Rule 2 of the Federal Rules of Civil Procedure.
Words "or citizens of the District of Columbia, Territory of Hawaii, or Alaska, and any State or Territory" which were inserted by the amendatory act April 20, 1940, are omitted. The word "States" is defined in this section and enumeration of the references is unnecessary.
The revised section conforms with the views of Philip F. Herrick, United States Attorney, Puerto Rico, who observed that the act of April 20, 1940, permitted action between a citizen of Hawaii and of Puerto Rico, but not between a citizen of New York and Puerto Rico, in the district court.
This changes the law to insure uniformity. The 1940 amendment applied only to the provision as to controversies between "citizens of different States." The new definition in subsection (b) extends the 1940 amendment to apply to controversies between citizens of the Territories or the District of Columbia, and foreign states or citizens or subjects thereof.
The diversity of citizenship language of
This section is intended to cover all diversity of citizenship instances in civil actions in accordance with the judicial construction of the language in the original
Citizens of a State, and citizens of other States and foreign states or citizens or subjects thereof;
Citizens of a Territory or the District of Columbia, and foreign states or citizens or subjects thereof;
Citizens of different States;
Citizens of different Territories;
Citizens of a State, and citizens of Territories;
Citizens of a State or Territory, and citizens of the District of Columbia;
Citizens of a State, and foreign states or citizens or subjects thereof.
The revised section removes an uncertainty referred to in the McGarry case, supra, as to whether Congress intended to permit citizens of the Territories or the District of Columbia to sue a State or Territory itself rather than the citizens thereof. The court observed that "Congress could hardly have had such intention."
The sentence "The foregoing provisions as to the sum or value of the matter in controversy shall not be construed to apply to any of the cases mentioned in the succeeding paragraphs of this section" was omitted as unnecessary. Those paragraphs are (2)–(28) of said
Amendments
1988—Subsec. (a).
Subsec. (b).
Subsec. (c).
1976—Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4).
1964—Subsec. (c).
1958—
Subsec. (a).
Subsecs. (b) to (d).
1956—Subsec. (b). Act July 26, 1956, included the Commonwealth of Puerto Rico.
Effective Date of 1988 Amendment
Section 201(b) of title II of
Section 202(b) of title II of
Section 203(b) of title II of
Effective Date of 1976 Amendment
Amendment by
Effective Date of 1964 Amendment
Section 2 of
Effective Date of 1958 Amendment
Amendment by
Federal Rules of Civil Procedure
Defenses and objections, see rule 12, Appendix to this title.
Cross References
Controversies involving pollution of waters, jurisdiction of actions by States, see
Removal of cases from State courts, see
Venue of actions based on diversity of citizenship, see
Section Referred to in Other Sections
This section is referred to in
§1333. Admiralty, maritime and prize cases
The district courts shall have original jurisdiction, exclusive of the courts of the States, of:
(1) Any civil case of admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled.
(2) Any prize brought into the United States and all proceedings for the condemnation of property taken as prize.
(June 25, 1948, ch. 646,
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., §§41(3) and 371 (3), (4) (Mar. 3, 1911, ch. 231, §§24, par. 3, 256, pars. 3, 4,
Section consolidates certain provisions of
The "saving to suitors" clause in
Provisions of
Words "libellant or petitioner" were substituted for "suitors" to describe moving party in admiralty cases.
Changes were made in phraseology.
1949 Act
This section amends
Amendments
1949—Subd. (1). Act May 24, 1949, substituted "suitors" for "libellant or petitioner".
Cross References
Admiralty and maritime jurisdiction of cases of damage or injury to persons or property, caused by a vessel, whether done or consummated on land, see
Admiralty suits against United States, jurisdiction, see
Jury trial in admiralty cases, see
Limitation of vessel owner's liability, see
Prize—
Generally, see
Jurisdiction, see
Seaman, definition of, see
§1334. Bankruptcy cases and proceedings
(a) Except as provided in subsection (b) of this section, the district courts shall have original and exclusive jurisdiction of all cases under title 11.
(b) Notwithstanding any Act of Congress that confers exclusive jurisdiction on a court or courts other than the district courts, the district courts shall have original but not exclusive jurisdiction of all civil proceedings arising under title 11, or arising in or related to cases under title 11.
(c)(1) Nothing in this section prevents a district court in the interest of justice, or in the interest of comity with State courts or respect for State law, from abstaining from hearing a particular proceeding arising under title 11 or arising in or related to a case under title 11.
(2) Upon timely motion of a party in a proceeding based upon a State law claim or State law cause of action, related to a case under title 11 but not arising under title 11 or arising in a case under title 11, with respect to which an action could not have been commenced in a court of the United States absent jurisdiction under this section, the district court shall abstain from hearing such proceeding if an action is commenced, and can be timely adjudicated, in a State forum of appropriate jurisdiction.
(d) Any decision to abstain or not to abstain made under this subsection 1 (other than a decision not to abstain in a proceeding described in subsection (c)(2)) is not reviewable by appeal or otherwise by the court of appeals under
(e) The district court in which a case under title 11 is commenced or is pending shall have exclusive jurisdiction of all of the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§41(19) and 371(6) (Mar. 3, 1911, ch. 231, §§24, par. 19, 256, par. 6,
Changes in phraseology were made.
Amendments
1994—Subsecs. (c)(2), (d).
Subsec. (e).
1990—Subsec. (c)(2).
1986—Subsec. (d).
1984—
1978—
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Jurisdiction Over and Transfer of Bankruptcy Cases and Proceedings
Section 115 of
"(a) On the date of the enactment of this Act [July 10, 1984] the appropriate district court of the United States shall have jurisdiction of—
"(1) cases, and matters and proceedings in cases, under the Bankruptcy Act [former Title 11, Bankruptcy] that are pending immediately before such date in the bankruptcy courts continued by section 404(a) of the Act of November 6, 1978 (
"(2) cases under
"(b) On the date of the enactment of this Act [July 10, 1984], there shall be transferred to the appropriate district court of the United States appeals from final judgments, orders, and decrees of the bankruptcy courts pending immediately before such date in the bankruptcy appellate panels appointed under section 405(c) of the Act of November 6, 1978 (
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be a reference to subsection (c). See 1994 Amendment note below.
§1335. Interpleader
(a) The district courts shall have original jurisdiction of any civil action of interpleader or in the nature of interpleader filed by any person, firm, or corporation, association, or society having in his or its custody or possession money or property of the value of $500 or more, or having issued a note, bond, certificate, policy of insurance, or other instrument of value or amount of $500 or more, or providing for the delivery or payment or the loan of money or property of such amount or value, or being under any obligation written or unwritten to the amount of $500 or more, if
(1) Two or more adverse claimants, of diverse citizenship as defined in
(b) Such an action may be entertained although the titles or claims of the conflicting claimants do not have a common origin, or are not identical, but are adverse to and independent of one another.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §41(26) (Mar. 3, 1911, ch. 231, §24, par. 26, as added Jan. 20, 1936, ch. 13, §1,
Words "civil action" were substituted for "suits in equity"; word "plaintiff" was substituted for "complainant"; and word "judgment" was substituted for "decree," in order to make the language of this section conform with the Federal Rules of Civil Procedure.
The words "duly verified" following "in the nature of interpleader," near the beginning of the section, were omitted. Under Rule 11 of the Federal Rules of Civil Procedure pleadings are no longer required to be verified or accompanied by affidavit unless specially required by statute. Although verification was specially required by
Provisions of
Subsections (c) and (d) of said section 41(26) relating to issuance of injunctions constitute
Subsection (e) of such section 41(26), relating to defense in nature of interpleader and joinder of additional parties, was omitted as unnecessary, such matters being governed by the Federal Rules of Civil Procedure.
Changes were made in phraseology.
Federal Rules of Civil Procedure
Interpleader, injunctions and deposit in court, see rules 22, 65, and 67, Appendix to this title.
Form of complaint, see Form 18, Appendix to rules.
Cross References
Actions on war risk insurance claims, see
Interpleader actions—
Process and procedure, see
Venue, see
Section Referred to in Other Sections
This section is referred to in
§1336. Interstate Commerce Commission's orders
(a) Except as otherwise provided by Act of Congress, the district courts shall have jurisdiction of any civil action to enforce, in whole or in part, any order of the Interstate Commerce Commission, and to enjoin or suspend, in whole or in part, any order of the Interstate Commerce Commission for the payment of money or the collection of fines, penalties, and forfeitures.
(b) When a district court or the United States Court of Federal Claims refers a question or issue to the Interstate Commerce Commission for determination, the court which referred the question or issue shall have exclusive jurisdiction of a civil action to enforce, enjoin, set aside, annul, or suspend, in whole or in part, any order of the Interstate Commerce Commission arising out of such referral.
(c) Any action brought under subsection (b) of this section shall be filed within 90 days from the date that the order of the Interstate Commerce Commission becomes final.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §41(27), (28) (Mar. 3, 1911, ch. 231, §§24(27), (28), 207,
Words "Except as otherwise provided by enactment of Congress" were inserted because of certain similar cases of which the courts of appeals are given jurisdiction. (See, for example,
Words "any civil action" were substituted for "all cases" and "cases" in view of Rule 2 of the Federal Rules of Civil Procedure.
Changes were made in phraseology.
Amendments
1992—Subsec. (b).
1982—Subsec. (b).
1975—Subsec. (a).
1964—
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1975 Amendment
Amendment by
Cross References
Procedure for enforcement and review of Interstate Commerce Commission orders, see
Venue of actions involving Interstate Commerce Commission's order, see
Section Referred to in Other Sections
This section is referred to in
§1337. Commerce and antitrust regulations; amount in controversy, costs
(a) The district courts shall have original jurisdiction of any civil action or proceeding arising under any Act of Congress regulating commerce or protecting trade and commerce against restraints and monopolies: Provided, however, That the district courts shall have original jurisdiction of an action brought under
(b) Except when express provision therefor is otherwise made in a statute of the United States, where a plaintiff who files the case under
(c) The district courts shall not have jurisdiction under this section of any matter within the exclusive jurisdiction of the Court of International Trade under
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §41(8), (23) (Mar. 3, 1911, ch. 231, §24, pars. 8, 23,
Words "civil action" were substituted for "suits", in view of Rule 2 of the Federal Rules of Civil Procedure.
Changes were made in phraseology.
Amendments
1983—
1980—Subsec. (c).
1978—
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 41 sections 607, 609.
§1338. Patents, plant variety protection, copyrights, mask works, trade-marks, and unfair competition
(a) The district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to patents, plant variety protection, copyrights and trade-marks. Such jurisdiction shall be exclusive of the courts of the states in patent, plant variety protection and copyright cases.
(b) The district courts shall have original jurisdiction of any civil action asserting a claim of unfair competition when joined with a substantial and related claim under the copyright, patent, plant variety protection or trade-mark laws.
(c) Subsections (a) and (b) apply to exclusive rights in mask works under
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§41(7) and 371(5) (Mar. 3, 1911, ch. 231, §§24, par. 7, 256, par. 5,
Section consolidates section 41(7) with section 371 (5) of title 28, U.S.C., 1940 ed., with necessary changes in phraseology.
Words "of any civil action" were substituted for "all suits at law or in equity" and "cases" to conform section to Rule 2 of the Federal Rules of Civil Procedure.
Word "patents" was substituted for "patent-right" in said section 371 (Fifth) of title 28, U.S.C., 1940 ed.
Similar provisions respecting suits cognizable in district courts, including those of territories and possessions. (See
Subsection (b) is added and is intended to avoid "piecemeal" litigation to enforce common-law and statutory copyright, patent, and trade-mark rights by specifically permitting such enforcement in a single civil action in the district court. While this is the rule under Federal decisions, this section would enact it as statutory authority. The problem is discussed at length in Hurn v. Oursler (1933, 53 S.Ct. 586, 289 U.S. 238, 77 L.Ed. 1148) and in Musher Foundation v. Alba Trading Co. (C.C.A. 1942, 127 F.2d 9) (majority and dissenting opinions).
Amendments
1988—
Subsec. (c).
1970—
Effective Date of 1970 Amendment
Amendment by
Cross References
Amount in controversy under this section, see Historical and Revision Notes under
Civil action to obtain patent or in case of interference, see
Court of Federal Claims, jurisdiction of claims against United States for patent infringement, see
Diversity of citizenship under this section, see Historical and Revision Notes under
Foreign Assistance Act of 1961, jurisdiction and legal remedy for unauthorized use or disclosure of patents and technical information, see
Infringements of—
Copyrights and rights and remedies therefor, see
Patents, see
Trade-marks, see
Jurisdiction of trade-mark actions, see
Pleading and proof in patent actions for infringement, see
Venue—
Patent or copyright actions, see
Trade-mark infringement action, see
Section Referred to in Other Sections
This section is referred to in
§1339. Postal matters
The district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to the postal service.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §41(6) (Mar. 3, 1911, ch. 231, §24, par. 6,
Changes were made in phraseology.
Cross References
Amount in controversy immaterial in actions under this section, see Historical and Revision Notes under
Diversity of citizenship immaterial in action under this section, see Historical and Revision Notes under
Postal laws in general, see Title 39, Postal Service.
§1340. Internal revenue; customs duties
The district courts shall have original jurisdiction of any civil action arising under any Act of Congress providing for internal revenue, or revenue from imports or tonnage except matters within the jurisdiction of the Court of International Trade.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §41(5) (Mar. 3, 1911, ch. 231, §24, par. 5,
Words "Customs Court" were substituted for "Court of Customs and Patent Appeals."
Words "any civil action" were substituted for "all cases" in view of Rule 2 of the Federal Rules of Civil Procedure.
Changes were made in phraseology.
Amendments
1980—
Effective Date of 1980 Amendment
Amendment by
Cross References
Action by the United States—
Collection of unpaid estate tax, see
Enforcement of tax lien or subjection of property to payment of tax, see
Recovery of erroneous tax refund, see
Action to clear title to property upon which tax lien filed by United States, see
Amount in controversy immaterial in action under this section, see Historical and Revision Notes under
Court of International Trade jurisdiction, see
Customs officers' immunity from liability, see
Diversity of citizenship immaterial in action under this section, see Historical and Revision Notes under
Jurisdiction of action for refund by taxpayer against United States, see
Prohibition of suits to restrain tax assessment or collection, see
Venue—
Action for collection of internal revenue taxes, see
Action for refund brought by taxpayer against collection officer, see
Action for refund brought by taxpayer against United States, see
Fines, penalties or forfeitures, generally, see
Judicial action to enforce forfeiture under internal revenue laws, see
Section Referred to in Other Sections
This section is referred to in title 26 section 7402.
§1341. Taxes by States
The district courts shall not enjoin, suspend or restrain the assessment, levy or collection of any tax under State law where a plain, speedy and efficient remedy may be had in the courts of such State.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §41(1) (Mar. 3, 1911, ch. 231, §24, par. 1,
This section restates the last sentence of
Other provisions of
Words "at law or in equity" before "in the courts of such State" were omitted as unnecessary.
Words "civil action" were substituted for "suit" in view of Rule 2 of the Federal Rules of Civil Procedure.
Words "under State law" were substituted for "imposed by or pursuant to the laws of any State" for the same reason.
Section Referred to in Other Sections
This section is referred to in title 49 sections 11503, 11503a, 31706.
§1342. Rate orders of State agencies
The district courts shall not enjoin, suspend or restrain the operation of, or compliance with, any order affecting rates chargeable by a public utility and made by a State administrative agency or a rate-making body of a State political subdivision, where:
(1) Jurisdiction is based solely on diversity of citizenship or repugnance of the order to the Federal Constitution; and,
(2) The order does not interfere with interstate commerce; and,
(3) The order has been made after reasonable notice and hearing; and,
(4) A plain, speedy and efficient remedy may be had in the courts of such State.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §41(1) (Mar. 3, 1911, ch. 231, §24, par. 1,
This section rearranges and restates the fourth sentence of
Other provisions of
Words "at law or in equity" before "in the courts of such State" were omitted as unnecessary.
Words "civil action" were substituted for "suit," in view of Rule 2 of the Federal Rules of Civil Procedure.
Word "operation" was substituted for "enforcement, operation or execution" for the same reason.
§1343. Civil rights and elective franchise
(a) The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person:
(1) To recover damages for injury to his person or property, or because of the deprivation of any right or privilege of a citizen of the United States, by any act done in furtherance of any conspiracy mentioned in
(2) To recover damages from any person who fails to prevent or to aid in preventing any wrongs mentioned in
(3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress providing for equal rights of citizens or of all persons within the jurisdiction of the United States;
(4) To recover damages or to secure equitable or other relief under any Act of Congress providing for the protection of civil rights, including the right to vote.
(b) For purposes of this section—
(1) the District of Columbia shall be considered to be a State; and
(2) any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §41(12), (13), and (14) (Mar. 3, 1911, ch. 231, §24, pars. 12, 13, 14,
Words "civil action" were substituted for "suits," "suits at law or in equity" in view of Rule 2 of the Federal Rules of Civil Procedure.
Numerous changes were made in arrangement and phraseology.
Amendments
1979—
1957—
1954—Act Sept. 3, 1954, substituted "
Effective Date of 1979 Amendment
Section 3 of
Cross References
Generally, see
Amount in controversy immaterial in action under this section, see Historical and Revision Notes under
Civil action for deprivation of civil rights, see
Civil action or injunction for deprivation of voting rights, see
Conspiracy against rights of citizens constituting federal crime, see
Conspiracy to interfere with civil rights, see
Diversity of citizenship immaterial in action under this section, see Historical and Revision Notes under
Section Referred to in Other Sections
This section is referred to in
§1344. Election disputes
The district courts shall have original jurisdiction of any civil action to recover possession of any office, except that of elector of President or Vice President, United States Senator, Representative in or delegate to Congress, or member of a state legislature, authorized by law to be commenced, where in it appears that the sole question touching the title to office arises out of denial of the right to vote, to any citizen offering to vote, on account of race, color or previous condition of servitude.
The jurisdiction under this section shall extend only so far as to determine the rights of the parties to office by reason of the denial of the right, guaranteed by the Constitution of the United States and secured by any law, to enforce the right of citizens of the United States to vote in all the States.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §41(15) (Mar. 3, 1911, ch. 231, §24, par. 15,
Words "civil action" were substituted for "suits," in view of Rule 2 of the Federal Rules of Civil Procedure.
Words "United States Senator" were added, as no reason appears for including Representatives and excluding Senators. Moreover, the Seventeenth amendment, providing for the popular election of Senators, was adopted after the passage of the 1911 law on which this section is based.
Changes were made in phraseology.
Cross References
Amount in controversy immaterial in action under this section, see Historical and Revision Notes under
Diversity of citizenship immaterial in action under this section, see Historical and Revision Notes under
Jurisdiction of action for damages for injuries in voting, see
§1345. United States as plaintiff
Except as otherwise provided by Act of Congress, the district courts shall have original jurisdiction of all civil actions, suits or proceedings commenced by the United States, or by any agency or officer thereof expressly authorized to sue by Act of Congress.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §41(1) (Mar. 3, 1911, ch. 231, §24, par. 1,
Other provisions of
Words "civil actions, suits or proceedings" were substituted for "suits of a civil nature, at common law or in equity" in view of Rules 2 and 81(a)(7) of the Federal Rules of Civil Procedure.
Word "agency" was inserted in order that this section shall apply to actions by agencies of the Government and to conform with special acts authorizing such actions. (See definitive
The phrase "Except as otherwise provided by Act of Congress," at the beginning of the section was inserted to make clear that jurisdiction exists generally in district courts in the absence of special provisions conferring it elsewhere.
Changes were made in phraseology.
Cross References
Amount in controversy immaterial in action under this section, see Historical and Revision Notes under
Diversity of citizenship immaterial in action under this section, see Historical and Revision Notes under
Jurisdiction of—
Action against national banking association, see
Action for enforcement of fines, penalties, or forfeitures, see
Bonds executed under federal law, see
District courts in postal matters, see
Third party tort liability for hospital and medical care, see
United States as party—
Generally, see
Interstate Commerce Commission orders, see
Section Referred to in Other Sections
This section is referred to in title 12 sections 1452, 1819, 2279aa–14.
§1346. United States as defendant
(a) The district courts shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of:
(1) Any civil action against the United States for the recovery of any internal-revenue tax alleged to have been erroneously or illegally assessed or collected, or any penalty claimed to have been collected without authority or any sum alleged to have been excessive or in any manner wrongfully collected under the internal-revenue laws;
(2) Any other civil action or claim against the United States, not exceeding $10,000 in amount, founded either upon the Constitution, or any Act of Congress, or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort, except that the district courts shall not have jurisdiction of any civil action or claim against the United States founded upon any express or implied contract with the United States or for liquidated or unliquidated damages in cases not sounding in tort which are subject to sections 8(g)(1) and 10(a)(1) of the Contract Disputes Act of 1978. For the purpose of this paragraph, an express or implied contract with the Army and Air Force Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or Exchange Councils of the National Aeronautics and Space Administration shall be considered an express or implied contract with the United States.
(b) Subject to the provisions of
(c) The jurisdiction conferred by this section includes jurisdiction of any set-off, counterclaim, or other claim or demand whatever on the part of the United States against any plaintiff commencing an action under this section.
(d) The district courts shall not have jurisdiction under this section of any civil action or claim for a pension.
(e) The district courts shall have original jurisdiction of any civil action against the United States provided in section 6226, 6228(a), 7426, or 7428 (in the case of the United States district court for the District of Columbia) or section 7429 of the Internal Revenue Code of 1986.
(f) The district courts shall have exclusive original jurisdiction of civil actions under section 2409a to quiet title to an estate or interest in real property in which an interest is claimed by the United States.
(June 25, 1948, ch. 646,
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., §§41(20), 931(a), 932 (Mar. 3, 1911, ch. 231, §24, par. 20,
Section consolidates provisions of section 41(20) conferring jurisdiction upon the district court, in civil actions against the United States, with the first sentence of section 931(a) relating to jurisdiction of the district courts in tort claims cases, and those provisions of section 932 making the provisions of said section 41(20), relating to counterclaim and set-off, applicable to tort claims cases, all of title 28, U.S.C., 1940 ed.
Provision in
Words "commencing an action under this section" in subsec. (c) of this revised section cover the provision in
The phrase in
Provisions in
Words in
Words in
The revised section retains the language of
The revised subsection (c)(1) omitted clause: "but no suit pending on the 27th day of June 1898 shall abate or be affected by this provision," contained in
The words "in a civil action or in admiralty," in subsection (a)(2), were substituted for "either in a court of law, equity, or admiralty" to conform to Rule 2 of the Federal Rules of Civil Procedure.
Words in section 41(20) "in respect to which claims the party would be entitled to redress against the United States, either in a court of law, equity, or admiralty, if the United States were suable" were omitted from subsection (a)(2) of this revised section as unnecessary. See reviser's note under
For jurisdiction of The Tax Court to review claims for refunds of processing taxes collected under the unconstitutional Agriculture Adjustment Act, see
See, also, reviser's note under
Minor changes were made in phraseology.
Senate Revision Amendment
The provision of title 28, U.S.C., §932, which related to application of the Federal Rules of Civil Procedure, were originally set out in section 2676 of this revised title, but such section 2676 was eliminated by Senate amendment. See 80th Congress Senate Report No. 1559, amendment No. 61.
1949 Act
This section corrects typographical errors in
References in Text
The internal-revenue laws, referred to in subsec. (a)(1), are classified generally to Title 26, Internal Revenue Code.
Sections 8(g)(1) and 10(a)(1) of the Contract Disputes Act of 1978, referred to in subsec. (a)(2), are classified to
Sections 6226, 6228(a), 7426, 7428, and 7429 of the Internal Revenue Code of 1986, referred to in subsec. (e), are classified to sections 6226, 6228(a), 7426, 7428, and 7429, respectively, of Title 26, Internal Revenue Code.
Amendments
1992—Subsec. (a).
1986—Subsec. (e).
1982—Subsec. (a).
Subsec. (e).
1978—Subsec. (a)(2).
1976—Subsec. (e).
1972—Subsec. (f).
1970—Subsec. (a)(2).
1966—Subsec. (e).
1964—Subsec. (d).
1958—Subsec. (b).
1954—Subsec. (a)(1). Act July 30, 1954, struck out language imposing jurisdictional limitation of $10,000 on suits to recover taxes.
1951—Subsec. (d). Act Oct. 31, 1951, inserted references to "claim" and "employees".
1949—Subsec. (a)(1). Act May 24, 1949, §80(a), inserted ", (i) if the claim does not exceed $10,000 or (ii)".
Subsec. (b). Acts Apr. 25, 1949, and May 24, 1949, §80(b), made a technical change to correct "
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendments
Amendment by
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1970 Amendment
Section 2 of
"(a) In addition to granting jurisdiction over suits brought after the date of enactment of this Act [July 23, 1970], the provisions of this Act [amending this section and
"(b) The provisions of subsection (a) of this section shall apply notwithstanding a determination or judgment made prior to the date of enactment of this Act that the United States district courts or the United States Court of Claims did not have jurisdiction to entertain a suit on an express or implied contract with a nonappropriated fund instrumentality of the United States described in section 1 of this Act."
Effective Date of 1966 Amendment
Section 203 of title II of
Effective Date of 1958 Amendment
Amendment by
Termination of United States District Court for the District of the Canal Zone
For termination of the United States District Court for the District of the Canal Zone at end of the "transition period", being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and
Federal Rules of Civil Procedure
Costs where United States is party, see rule 54, Appendix to this title.
Cross References
Costs where United States is party, see
Court of Federal Claims jurisdiction, see
Interest on judgments against United States, see
Jury trial denied in actions under this section, see
Nuclear incident involving nuclear reactor of United States warship, payment of claims or judgments for bodily injury, death, or damage resulting from, see
Remedy under this section for damages caused by operation of motor vehicles by Government employees to be exclusive of any other civil action or proceeding, see
Tax Court jurisdiction, see
Time for commencing action against United States, see
Tort claims procedure, see
Venue of actions against United States, see
Section Referred to in Other Sections
This section is referred to in
§1347. Partition action where United States is joint tenant
The district courts shall have original jurisdiction of any civil action commenced by any tenant in common or joint tenant for the partition of lands where the United States is one of the tenants in common or joint tenants.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §41(25) (Mar. 3, 1911, ch. 231, §24, par. 25,
The venue provision in
Words "civil action" were substituted for "suits in equity," in view of Rule 2 of the Federal Rules of Civil Procedure.
A change was made in phraseology.
Cross References
Amount in controversy immaterial in action under this section, see Historical and Revision Notes under
Diversity of citizenship immaterial in action under this section, see Historical and Revision Notes under
Venue of action for partition of lands where United States is tenant in common or joint tenant, see
Section Referred to in Other Sections
This section is referred to in
§1348. Banking association as party
The district courts shall have original jurisdiction of any civil action commenced by the United States, or by direction of any officer thereof, against any national banking association, any civil action to wind up the affairs of any such association, and any action by a banking association established in the district for which the court is held, under
All national banking associations shall, for the purposes of all other actions by or against them, be deemed citizens of the States in which they are respectively located.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §41(16) (Mar. 3, 1911, ch. 231, §24, par. 16,
Words "any civil action" were substituted for "all cases," in view of Rule 2 of the Federal Rules of Civil Procedure.
Words "real, personal, or mixed, and all suits in equity," after "all other actions by or against them," were omitted as superfluous.
Exception as to Transfer of Functions
Functions vested by any provision of law in the Comptroller of the Currency, referred to in this section, were not included in the transfer of functions of officers, agencies and employees of the Department of the Treasury to the Secretary of the Treasury, made by Reorg. Plan No. 26 of 1950, §1, eff. July 31, 1950, 15 F.R. 4935,
Cross References
Amount in controversy—
Immaterial in action other than on diverse citizenship, see Historical and Revision Notes under
Required in diverse citizenship action under this section, see Historical and Revision Notes under
Jurisdiction of action by or against—
Federal reserve bank, see
Liquidating agent of national bank, see
National bank receiver, see
Powers of conservator of national bank, see
Prohibition on state court from enjoining national bank, see
Venue of action—
Against national banking association, see
By banking association to enjoin the Comptroller of the Currency, see
§1349. Corporation organized under federal law as party
The district courts shall not have jurisdiction of any civil action by or against any corporation upon the ground that it was incorporated by or under an Act of Congress, unless the United States is the owner of more than one-half of its capital stock.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §42 (Feb. 13, 1925, ch. 229, §12,
Words "civil action" were substituted for "action or suit," in view of Rule 2 of the Federal Rules of Civil Procedure.
Minor changes were made in phraseology.
Cross References
Action arising under law of United States, see
Action by agency of United States, see
Action by or against—
Federal land banks, see
Federal reserve banks, see
National banking association, see
Section Referred to in Other Sections
This section is referred to in title 12 sections 1452, 2279aa–14.
§1350. Alien's action for tort
The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §41(17) (Mar. 3, 1911, ch. 231, §24, par. 17,
Words "civil action" were substituted for "suits," in view of Rule 2 of the Federal Rules of Civil Procedure.
Changes in phraseology were made.
Torture Victim Protection
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Torture Victim Protection Act of 1991'.
"SEC. 2. ESTABLISHMENT OF CIVIL ACTION.
"(a)
"(1) subjects an individual to torture shall, in a civil action, be liable for damages to that individual; or
"(2) subjects an individual to extrajudicial killing shall, in a civil action, be liable for damages to the individual's legal representative, or to any person who may be a claimant in an action for wrongful death.
"(b)
"(c)
"SEC. 3. DEFINITIONS.
"(a)
"(b)
"(1) the term 'torture' means any act, directed against an individual in the offender's custody or physical control, by which severe pain or suffering (other than pain or suffering arising only from or inherent in, or incidental to, lawful sanctions), whether physical or mental, is intentionally inflicted on that individual for such purposes as obtaining from that individual or a third person information or a confession, punishing that individual for an act that individual or a third person has committed or is suspected of having committed, intimidating or coercing that individual or a third person, or for any reason based on discrimination of any kind; and
"(2) mental pain or suffering refers to prolonged mental harm caused by or resulting from—
"(A) the intentional infliction or threatened infliction of severe physical pain or suffering;
"(B) the administration or application, or threatened administration or application, of mind altering substances or other procedures calculated to disrupt profoundly the senses or the personality;
"(C) the threat of imminent death; or
"(D) the threat that another individual will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind altering substances or other procedures calculated to disrupt profoundly the senses or personality."
Cross References
Amount in controversy immaterial in action under this section, see Historical and Revision Notes under
§1351. Consuls, vice consuls, and members of a diplomatic mission as defendant
The district courts shall have original jurisdiction, exclusive of the courts of the States, of all civil actions and proceedings against—
(1) consuls or vice consuls of foreign states; or
(2) members of a mission or members of their families (as such terms are defined in section 2 of the Diplomatic Relations Act).
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§41(18), 371(8) (Mar. 3, 1911, ch. 231, §§24, par. 18, 256, par. 8,
Words "civil action" were substituted for "suits," and "all suits and proceedings" in view of Rule 2 of the Federal Rules of Civil Procedure.
Changes were made in phraseology.
References in Text
Section 2 of the Diplomatic Relations Act, referred to in par. (2), is classified to
Amendments
1978—
1949—Act May 24, 1949, substituted "of all actions and proceedings" for "of any civil action".
Effective Date of 1978 Amendment
Amendment by
Cross References
Amount in controversy immaterial in action under this section, see Historical and Revision Notes under
Diversity of citizenship immaterial in action under this section, see Historical and Revision Notes under
Judicial power extended in cases affecting consuls, see Const. Art. 3, §2, cl. 1.
§1352. Bonds executed under federal law
The district courts shall have original jurisdiction, concurrent with State courts, of any action on a bond executed under any law of the United States, except matters within the jurisdiction of the Court of International Trade under
(June 25, 1948, ch. 646,
Historical and Revision Notes
This section is necessary to permit actions in the district courts upon any bond authorized by a law of the United States. In the absence of this new provision, such actions could not be maintained except by the United States, where the amount and other jurisdictional requisites did not exist. The new section also makes clear that it does not affect the right to prosecute such actions in State courts.
Amendments
1980—
Effective Date of 1980 Amendment
Amendment by
§1353. Indian allotments
The district courts shall have original jurisdiction of any civil action involving the right of any person, in whole or in part of Indian blood or descent, to any allotment of land under any Act of Congress or treaty.
The judgment in favor of any claimant to an allotment of land shall have the same effect, when properly certified to the Secretary of the Interior, as if such allotment had been allowed and approved by him; but this provision shall not apply to any lands held on or before December 21, 1911, by either of the Five Civilized Tribes, the Osage Nation of Indians, nor to any of the lands within the Quapaw Indian Agency.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §41(24) (Mar. 3, 1911, ch. 231, §24, par. 24,
Words "any civil action" were substituted for "all actions, suits, or proceedings," in view of Rule 2 of the Federal Rules of Civil Procedure.
The sentence "The right of appeal shall be allowed to either party as in other cases" was omitted as covered by
Changes in phraseology were made.
Cross References
Amount in controversy immaterial in action under this section, see Historical and Revision Notes under
Jurisdiction of action for allotment, see
§1354. Land grants from different states
The district courts shall have original jurisdiction of actions between citizens of the same state claiming lands under grants from different states.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §41(1) (Mar. 3, 1911, ch. 231, §24, par. 1,
Other provisions of
Changes were made in phraseology.
Cross References
Amount in controversy immaterial in action under this section, see Historical and Revision Notes under
§1355. Fine, penalty or forfeiture
(a) The district courts shall have original jurisdiction, exclusive of the courts of the States, of any action or proceeding for the recovery or enforcement of any fine, penalty, or forfeiture, pecuniary or otherwise, incurred under any Act of Congress, except matters within the jurisdiction of the Court of International Trade under
(b)(1) A forfeiture action or proceeding may be brought in—
(A) the district court for the district in which any of the acts or omissions giving rise to the forfeiture occurred, or
(B) any other district where venue for the forfeiture action or proceeding is specifically provided for in
(2) Whenever property subject to forfeiture under the laws of the United States is located in a foreign country, or has been detained or seized pursuant to legal process or competent authority of a foreign government, an action or proceeding for forfeiture may be brought as provided in paragraph (1), or in the United States District court 1 for the District of Columbia.
(c) In any case in which a final order disposing of property in a civil forfeiture action or proceeding is appealed, removal of the property by the prevailing party shall not deprive the court of jurisdiction. Upon motion of the appealing party, the district court or the court of appeals shall issue any order necessary to preserve the right of the appealing party to the full value of the property at issue, including a stay of the judgment of the district court pending appeal or requiring the prevailing party to post an appeal bond.
(d) Any court with jurisdiction over a forfeiture action pursuant to subsection (b) may issue and cause to be served in any other district such process as may be required to bring before the court the property that is the subject of the forfeiture action.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§41(9) and 371(2) (Mar. 3, 1911, ch. 231, §§24, par. 9, 256, par. 2,
Word "fine" was inserted so that this section will apply to the many provisions in the United States Code for fines which are essentially civil. (See, also,
Words "pecuniary or otherwise" were added to make this section expressly applicable to both pecuniary and property forfeitures. The original section was so construed in Miller v. United States, 1870, 11 Wall. 268, 20 L.Ed. 135; Tyler v. Defrees, 1870, 11 Wall. 331, and The Rosemary, C.C.A. 1928, 26 F.2d 354, certiorari denied 49 S.Ct. 23, 278 U.S. 619, 73 L.Ed. 542.
Changes were made in phraseology.
Amendments
1992—
1980—
Effective Date of 1980 Amendment
Amendment by
Cross References
Actions for forfeiture under customs laws, see
Amount in controversy immaterial in action under this section, see Historical and Revision Notes under
Diversity of citizenship immaterial in action under this section, see Historical and Revision Notes under
Fines, penalties and forfeitures, proceedings, see
Venue of action for fine, penalty, or forfeiture see
Section Referred to in Other Sections
This section is referred to in title 21 sections 360pp, 842.
1 So in original. Probably should be capitalized.
§1356. Seizures not within admiralty and maritime jurisdiction
The district courts shall have original jurisdiction, exclusive of the courts of the States, of any seizure under any law of the United States on land or upon waters not within admiralty and maritime jurisdiction, except matters within the jurisdiction of the Court of International Trade under
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§41(3) and 371(4) (Mar. 3, 1911, ch. 231, §§24, par. 3, 256, par. 4,
Section consolidates certain provisions of
Changes were made in arrangement and phraseology.
Amendments
1980—
Effective Date of 1980 Amendment
Amendment by
Cross References
Amount in controversy immaterial in action under this section, see Historical and Revision Notes under
Diversity of citizenship immaterial in action under this section, see Historical and Revision Notes under
Jurisdiction of—
Admiralty, maritime and prize cases, see
Fine, penalty, or forfeiture, see
§1357. Injuries under Federal laws
The district courts shall have original jurisdiction of any civil action commenced by any person to recover damages for any injury to his person or property on account of any act done by him, under any Act of Congress, for the protection or collection of any of the revenues, or to enforce the right of citizens of the United States to vote in any State.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §41(11) (Mar. 3, 1911, ch. 231, §24, par. 11,
Words "any civil action" were substituted for "all suits," in view of Rule 2 of the Federal Rules of Civil Procedure.
Minor changes were made in phraseology.
Cross References
Amount in controversy immaterial in action under this section, see Historical and Revision Notes under
Diversity of citizenship immaterial in action under this section, see Historical and Revision Notes under
§1358. Eminent domain
The district courts shall have original jurisdiction of all proceedings to condemn real estate for the use of the United States or its departments or agencies.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on
The venue provisions of
Other provisions of
Changes were made in phraseology.
Federal Rules of Civil Procedure
Procedure in condemnation proceedings, see rule 71A, Appendix to this title.
Cross References
Amount in controversy immaterial in proceedings under this section, see Historical and Revision Notes under
Armed forces, acquisition of property, see
Coast Guard, acquisition of land, see
Condemnation of property, right of Government officials, see
Declaration of taking proceedings in eminent domain, see
District of Columbia, procedure in condemnation proceedings, see D.C. Code, §16–1301 et seq.
Irrigation project, acquisition of land, see
Lumber production, acquisition of property for, see
Reclamation projects, compensation for rights-of-way, see
River and harbor improvements, acquisition of land, see
Tennessee Valley Authority, procedure in condemnation proceedings, see
Venue of eminent domain proceedings, see
Section Referred to in Other Sections
This section is referred to in title 16 section 79c; title 50 section 167f.
§1359. Parties collusively joined or made
A district court shall not have jurisdiction of a civil action in which any party, by assignment or otherwise, has been improperly or collusively made or joined to invoke the jurisdiction of such court.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed. §§41(1) and 80 (Mar. 3, 1911, ch. 231, §§24(1), 37,
Other provisions of
Provisions of
Provisions of
The assignee clause in
The revised section changes this clause by confining its application to cases wherein the assignment is improperly or collusively made to invoke jurisdiction. Furthermore, the difficulty of applying the original clause is overcome and the original purpose of such clause is better served by substantially following
The assignee clause was incorporated in the original Judiciary Act of 1789. Such section 80 was enacted in 1875. The history of the assignee clause "shows clearly that its purpose and effect, at the time of its enactment were to prevent the conferring of jurisdiction on the Federal courts, on grounds of diversity of citizenship, by assignment, in cases where it would not otherwise exist." (Sowell v. Federal Reserve Bank, 1925, 45 S.Ct. 528, 529, 268 U.S. 449, 453, 69 L.Ed. 1041, 1048.) Thus the purpose of the assignee clause was to prevent the manufacture of Federal jurisdiction by the device of assignment. It achieves this purpose only partially. For example, the assignee clause excepts two types of choses in action from its coverage: (1) Foreign bill of exchange; and (2) corporate bearer paper. But this does not prevent the use of assignment of these choses in action to create the necessary diversity or alienage for jurisdictional purposes. Such section 80 does, however, prevent that. (See Bullard v. City of Cisco, 1933, 54 S.Ct. 177, 290 U.S. 179, 78 L.Ed. 254, 93 A.L.R. 141.) Its coverage against collusive jurisdiction is unlimited, and its approach is direct. The assignee clause, on the other hand, prevents the bona fide assignee of a chose in action within its terms from resorting to the Federal courts unless there is jurisdiction to support the assignee-plaintiff's case and a showing that there would have been jurisdiction if the assignor had brought the action in lieu of the assignee-plaintiff. Since the assignee clause deals with the bona fide assignee, there has been much litigation to determine the assignments which should or should not be within the purview of the clause. Thus the courts have thought it advisable to limit the term "chose in action" and exclude from its scope (1) an implied in law duty or promise, and (2) a transfer of a property interest; and to exclude an assignment by operation of law from the coverage of the clause. Intermediate assignments and reassignment also give difficulty.
Federal Rules of Civil Procedure
Defenses and objections, pleadings allowed and form of motions, see rules 7 and 12, Appendix to this title.
Parties, see rules 17 to 25.
Cross References
Amendment of pleadings to show jurisdiction, see
Costs on dismissal for lack of jurisdiction, see
Removed cases, remand to State court for lack of jurisdiction, see
§1360. State civil jurisdiction in actions to which Indians are parties
(a) Each of the States listed in the following table shall have jurisdiction over civil causes of action between Indians or to which Indians are parties which arise in the areas of Indian country listed opposite the name of the State to the same extent that such State has jurisdiction over other civil causes of action, and those civil laws of such State that are of general application to private persons or private property shall have the same force and effect within such Indian country as they have elsewhere within the State:
State of | Indian country affected |
---|---|
Alaska | All Indian country within the State. |
California | All Indian country within the State. |
Minnesota | All Indian country within the State, except the Red Lake Reservation. |
Nebraska | All Indian country within the State. |
Oregon | All Indian country within the State, except the Warm Springs Reservation. |
Wisconsin | All Indian country within the State. |
(b) Nothing in this section shall authorize the alienation, encumbrance, or taxation of any real or personal property, including water rights, belonging to any Indian or any Indian tribe, band, or community that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States; or shall authorize regulation of the use of such property in a manner inconsistent with any Federal treaty, agreement, or statute or with any regulation made pursuant thereto; or shall confer jurisdiction upon the State to adjudicate, in probate proceedings or otherwise, the ownership or right to possession of such property or any interest therein.
(c) Any tribal ordinance or custom heretofore or hereafter adopted by an Indian tribe, band, or community in the exercise of any authority which it may possess shall, if not inconsistent with any applicable civil law of the State, be given full force and effect in the determination of civil causes of action pursuant to this section.
(Added Aug. 15, 1953, ch. 505, §4,
Amendments
1984—Subsec. (a).
1978—Subsec. (a).
1958—Subsec. (a).
1954—Subsec. (a). Act Aug. 24, 1954, brought the Menominee Tribe within the provisions of this section.
Effective Date of 1984 Amendment
Amendment by
Admission of Alaska as State
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of
Amendment of State Constitutions To Remove Legal Impediment; Effective Date
Section 6 of act Aug. 15, 1953, provided that: "Notwithstanding the provisions of any Enabling Act for the admission of a State, the consent of the United States is hereby given to the people of any State to amend, where necessary, their State constitution or existing statutes, as the case may be, to remove any legal impediment to the assumption of civil and criminal jurisdiction in accordance with the provisions of this Act [adding this section and
Consent of United States to Other States To Assume Jurisdiction
Act Aug. 15, 1953, ch. 505, §7,
Retrocession of jurisdiction by State acquired by State pursuant to section 7 of Act Aug. 15, 1953, prior to its repeal, see
Section Referred to in Other Sections
This section is referred to in title 25 sections 566e, 711e, 713f, 714e, 715d, 1300b–15, 1300f, 1300i–1, 1323, 1747, 1772d, 1918.
§1361. Action to compel an officer of the United States to perform his duty
The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.
(Added
Federal Rules of Civil Procedure
Writ of mandamus abolished in United States district courts, but relief available by appropriate action or motion, see rule 81, Appendix to this title.
Section Referred to in Other Sections
This section is referred to in title 18 section 923; title 25 section 2103; title 42 sections 300j–9, 5851, 7622.
§1362. Indian tribes
The district courts shall have original jurisdiction of all civil actions, brought by any Indian tribe or band with a governing body duly recognized by the Secretary of the Interior, wherein the matter in controversy arises under the Constitution, laws, or treaties of the United States.
(Added
Section Referred to in Other Sections
This section is referred to in title 25 section 1725.
§1363. Jurors' employment rights
The district courts shall have original jurisdiction of any civil action brought for the protection of jurors' employment under
(Added
Prior Provisions
A prior section 1363 was renumbered
Effective Date
Section 7 of
"(a) Except as provided in subsection (b) of this section, the amendments made by this Act [enacting this section and section 1875, renumbering section 1363, relating to construction of references to laws of the United States or Acts of Congress, as section 1364, and amending
"(b) The amendment made by section 5 of this Act [amending
§1364. Direct actions against insurers of members of diplomatic missions and their families
(a) The district courts shall have original and exclusive jurisdiction, without regard to the amount in controversy, of any civil action commenced by any person against an insurer who by contract has insured an individual, who is, or was at the time of the tortious act or omission, a member of a mission (within the meaning of section 2(3) of the Diplomatic Relations Act (
(b) Any direct action brought against an insurer under subsection (a) shall be tried without a jury, but shall not be subject to the defense that the insured is immune from suit, that the insured is an indispensable party, or in the absence of fraud or collusion, that the insured has violated a term of the contract, unless the contract was cancelled before the claim arose.
(Added
Codification
Two other sections 1364 were renumbered
Amendments
1987—Subsec. (a).
1982—Subsec. (a).
Effective Date of 1987 Amendment
Section 138(b) of
Effective Date of 1982 Amendment
Amendment by
Effective Date
Section effective at end of ninety-day period beginning on Sept. 30, 1978, see section 9 of
§1365. Senate actions
(a) The United States District Court for the District of Columbia shall have original jurisdiction, without regard to the amount in controversy, over any civil action brought by the Senate or any authorized committee or subcommittee of the Senate to enforce, to secure a declaratory judgment concerning the validity of, or to prevent a threatened refusal or failure to comply with, any subpena or order issued by the Senate or committee or subcommittee of the Senate to any entity acting or purporting to act under color or authority of State law or to any natural person to secure the production of documents or other materials of any kind or the answering of any deposition or interrogatory or to secure testimony or any combination thereof. This section shall not apply to an action to enforce, to secure a declaratory judgment concerning the validity of, or to prevent a threatened refusal to comply with, any subpena or order issued to an officer or employee of the Federal Government acting within his official capacity.
(b) Upon application by the Senate or any authorized committee or subcommittee of the Senate, the district court shall issue an order to an entity or person refusing, or failing to comply with, or threatening to refuse or not to comply with, a subpena or order of the Senate or committee or subcommittee of the Senate requiring such entity or person to comply forthwith. Any refusal or failure to obey a lawful order of the district court issued pursuant to this section may be held by such court to be a contempt thereof. A contempt proceeding shall be commenced by an order to show cause before the court why the entity or person refusing or failing to obey the court order should not be held in contempt of court. Such contempt proceeding shall be tried by the court and shall be summary in manner. The purpose of sanctions imposed as a result of such contempt proceeding shall be to compel obedience to the order of the court. Process in any such action or contempt proceeding may be served in any judicial district wherein the entity or party refusing, or failing to comply, or threatening to refuse or not to comply, resides, transacts business, or may be found, and subpenas for witnesses who are required to attend such proceeding may run into any other district. Nothing in this section shall confer upon such court jurisdiction to affect by injunction or otherwise the issuance or effect of any subpena or order of the Senate or any committee or subcommittee of the Senate or to review, modify, suspend, terminate, or set aside any such subpena or order. An action, contempt proceeding, or sanction brought or imposed pursuant to this section shall not abate upon adjournment sine die by the Senate at the end of a Congress if the Senate or the committee or subcommittee of the Senate which issued the subpena or order certifies to the court that it maintains its interest in securing the documents, answers, or testimony during such adjournment.
[(c) Repealed.
(d) The Senate or any committee or subcommittee of the Senate commencing and prosecuting a civil action or contempt proceeding under this section may be represented in such action by such attorneys as the Senate may designate.
(e) A civil action commenced or prosecuted under this section, may not be authorized pursuant to the Standing Order of the Senate "authorizing suits by Senate Committees" (S. Jour. 572, May 28, 1928).
(f) For the purposes of this section the term "committee" includes standing, select, or special committees of the Senate established by law or resolution.
(Added
Amendments
1984—Subsec. (c).
Effective Date of 1984 Amendment
Amendment by
Effective Date
Section effective Jan. 3, 1979, see section 717 of
Section Referred to in Other Sections
This section is referred to in title 2 sections 288d, 1207.
§1366. Construction of references to laws of the United States or Acts of Congress
For the purposes of this chapter, references to laws of the United States or Acts of Congress do not include laws applicable exclusively to the District of Columbia.
(Added
§1367. Supplemental jurisdiction
(a) Except as provided in subsections (b) and (c) or as expressly provided otherwise by Federal statute, in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution. Such supplemental jurisdiction shall include claims that involve the joinder or intervention of additional parties.
(b) In any civil action of which the district courts have original jurisdiction founded solely on
(c) The district courts may decline to exercise supplemental jurisdiction over a claim under subsection (a) if—
(1) the claim raises a novel or complex issue of State law,
(2) the claim substantially predominates over the claim or claims over which the district court has original jurisdiction,
(3) the district court has dismissed all claims over which it has original jurisdiction, or
(4) in exceptional circumstances, there are other compelling reasons for declining jurisdiction.
(d) The period of limitations for any claim asserted under subsection (a), and for any other claim in the same action that is voluntarily dismissed at the same time as or after the dismissal of the claim under subsection (a), shall be tolled while the claim is pending and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period.
(e) As used in this section, the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
(Added
References in Text
The Federal Rules of Civil Procedure, referred to in subsec. (b), are set out in the Appendix to this title.
Effective Date
Section 310(c) of
§1368. Counterclaims in unfair practices in international trade.
The district courts shall have original jurisdiction of any civil action based on a counterclaim raised pursuant to section 337(c) of the Tariff Act of 1930, to the extent that it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim in the proceeding under section 337(a) of that Act.
(Added
References in Text
Section 337 of the Tariff Act of 1930, referred to in text, is classified to
Effective Date
Section applicable with respect to complaints filed under
CHAPTER 87 —DISTRICT COURTS; VENUE
Amendments
1988—
1984—
1978—
1968—
Federal Rules of Criminal Procedure
Venue, see rules 18, 20 to 22, Title 18, Appendix, Crimes and Criminal Procedure.
Cross References
Criminal cases, venue, see
Jurisdiction of district courts, see
Process, see
Chapter Referred to in Other Sections
This chapter is referred to in title 42 section 3612.
§1391. Venue generally
(a) A civil action wherein jurisdiction is founded only on diversity of citizenship may, except as otherwise provided by law, be brought only in (1) a judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) a judicial district in which the defendants are subject to personal jurisdiction at the time the action is commenced, if there is no district in which the action may otherwise be brought.
(b) A civil action wherein jurisdiction is not founded solely on diversity of citizenship may, except as otherwise provided by law, be brought only in (1) a judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought.
(c) For purposes of venue under this chapter, a defendant that is a corporation shall be deemed to reside in any judicial district in which it is subject to personal jurisdiction at the time the action is commenced. In a State which has more than one judicial district and in which a defendant that is a corporation is subject to personal jurisdiction at the time an action is commenced, such corporation shall be deemed to reside in any district in that State within which its contacts would be sufficient to subject it to personal jurisdiction if that district were a separate State, and, if there is no such district, the corporation shall be deemed to reside in the district within which it has the most significant contacts.
(d) An alien may be sued in any district.
(e) A civil action in which a defendant is an officer or employee of the United States or any agency thereof acting in his official capacity or under color of legal authority, or an agency of the United States, or the United States, may, except as otherwise provided by law, be brought in any judicial district in which (1) a defendant in the action resides, (2) a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) the plaintiff resides if no real property is involved in the action. Additional persons may be joined as parties to any such action in accordance with the Federal Rules of Civil Procedure and with such other venue requirements as would be applicable if the United States or one of its officers, employees, or agencies were not a party.
The summons and complaint in such an action shall be served as provided by the Federal Rules of Civil Procedure except that the delivery of the summons and complaint to the officer or agency as required by the rules may be made by certified mail beyond the territorial limits of the district in which the action is brought.
(f) A civil action against a foreign state as defined in
(1) in any judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated;
(2) in any judicial district in which the vessel or cargo of a foreign state is situated, if the claim is asserted under
(3) in any judicial district in which the agency or instrumentality is licensed to do business or is doing business, if the action is brought against an agency or instrumentality of a foreign state as defined in
(4) in the United States District Court for the District of Columbia if the action is brought against a foreign state or political subdivision thereof.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§111, 112 (Mar. 3, 1911, ch. 231, §§50, 51,
Section consolidates
The portion of
Provision in
Word "action" was substituted for "suit" in view of Rule 2 of the Federal Rules of Civil Procedure.
Word "reside" was substituted for "whereof he is an inhabitant" for clarity inasmuch as "inhabitant" and "resident" are synonymous. (See Ex parte Shaw, 1892, 12 S.Ct. 935, 145 U.S. 444, 36 L.Ed. 768; Standard Stoker Co., Inc. v. Lower, D.C., 1931, 46 F.2d 678; Edgewater Realty Co. v. Tennessee Coal, Iron & Railroad Co., D.C., 1943, 49 F.Supp. 807.)
Reference to "all plaintiffs" and "all defendants" were substituted for references to "the plaintiff" and "the defendant," in view of many decisions holding that the singular terms were used in a collective sense. (See Smith v. Lyon, 1890, 10 S.Ct. 303, 133 U.S. 315, 33 L.Ed. 635; Hooe v. Jamieson, 1897, 17 S.Ct. 596, 166 U.S. 395, 41 L.Ed. 1049; and Fetzer v. Livermore, D.C., 1926, 15 F.2d 462.)
In subsection (c), references to defendants "found" within a district or voluntarily appearing were omitted. The use of the word "found" made
Subsection (d) of this section is added to give statutory recognition to the weight of authority concerning a rule of venue as to which there has been a sharp conflict of decisions. (See Sandusky Foundry & Machine Co. v. DeLavand, 1918, D.C.Ohio, 251 F. 631, 632, and cases cited. See also Keating v. Pennsylvania Co., 1917, D.C.Ohio, 245 F. 155 and cases cited.)
Changes were made in phraseology.
References in Text
The Federal Rules of Civil Procedure, referred to in subsec. (e), are set out in the Appendix to this title.
Amendments
1992—Subsec. (a)(3).
1991—Subsec. (b).
1990—Subsec. (a).
Subsec. (b).
Subsec. (e).
1988—Subsec. (c).
1976—Subsec. (e).
Subsec. (f).
1966—Subsec. (a).
Subsec. (b).
Subsec. (f).
1963—Subsec. (f).
1962—Subsec. (e).
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1988 Amendment
Section 1013(b) of title X of
Effective Date of 1976 Amendment
Amendment by
Federal Rules of Civil Procedure
Venue unaffected, see rule 82, Appendix to this title.
Cross References
Antitrust laws, actions under, see
Change of venue, see
Diversity of citizenship, jurisdiction of district courts, see
Place of arrest in civil action, see
Process, see
Process in stockholder's derivative action, see
Residence—
Federal National Mortgage Association as resident of District of Columbia, see
International Finance Corporation as inhabitant of Federal judicial district in which principal office in United States is located, see
Saint Lawrence Seaway Development Corporation as resident of northern judicial district of New York, see
Waiver of venue, see
Section Referred to in Other Sections
This section is referred to in title 15 sections 53, 6103, 6104; title 19 section 1337; title 22 section 290l–5; title 42 section 1973aa–2.
§1392. Defendants or property in different districts in same State
(a) Any civil action, not of a local nature, against defendants residing in different districts in the same State, may be brought in any of such districts.
(b) Any civil action, of a local nature, involving property located in different districts in the same State, may be brought in any of such districts.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§113, 116 (Mar. 3, 1911, ch. 231, §§52, 55,
Section consolidates
Last sentence of
Words "civil action" were substituted for "suit" in view of Rule 2 of the Federal Rules of Civil Procedure.
Words of said section 113, "against a single defendant, inhabitant of such State, must be brought in the district where he resides" were omitted as covered by
Words of
Words of said section 116, "and the court in which it is brought shall have jurisdiction to hear and decide it, and to cause mesne or final process to be issued and executed, as fully as if the said subject matter were wholly within the district for which such court is constituted" were omitted as surplusage and fully covered by Rule 4 of the Federal Rules of Civil Procedure. Said rule also covers the following omitted language: "A duplicate writ may be issued against the defendants, directed to the marshal of any other district in which any defendant resides."
Changes were made in phraseology.
Section Referred to in Other Sections
This section is referred to in title 42 section 1973aa–2.
[§1393. Repealed. Pub. L. 100–702, title X, §1001(a), Nov. 19, 1988, 102 Stat. 4664 ]
Section, act June 25, 1948, ch. 646,
Effective Date of Repeal
Section 1001(b) of
§1394. Banking association's action against Comptroller of Currency
Any civil action by a national banking association to enjoin the Comptroller of the Currency, under the provisions of any Act of Congress relating to such associations, may be prosecuted in the judicial district where such association is located.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §110 (Mar. 3, 1911, ch. 231, §49,
Words "Any civil action" were substituted for "All proceedings," in view of Rule 2 of the Federal Rules of Civil Procedure.
Changes were made in phraseology.
Exception as to Transfer of Functions
Functions vested by any provision of law in the Comptroller of the Currency, referred to in this section, were not included in the transfer of functions of officers, agencies and employees of the Department of the Treasury to the Secretary of the Treasury, made by Reorg. Plan No. 26 of 1950, §1, eff. July 31, 1950, 15 F.R. 4935,
Cross References
Jurisdiction of district court in banking association's action against the Comptroller of the Currency, see
§1395. Fine, penalty or forfeiture
(a) A civil proceeding for the recovery of a pecuniary fine, penalty or forfeiture may be prosecuted in the district where it accrues or the defendant is found.
(b) A civil proceeding for the forfeiture of property may be prosecuted in any district where such property is found.
(c) A civil proceeding for the forfeiture of property seized outside any judicial district may be prosecuted in any district into which the property is brought.
(d) A proceeding in admiralty for the enforcement of fines, penalties and forfeitures against a vessel may be brought in any district in which the vessel is arrested.
(e) Any proceeding for the forfeiture of a vessel or cargo entering a port of entry closed by the President in pursuance of law, or of goods and chattels coming from a State or section declared by proclamation of the President to be in insurrection, or of any vessel or vehicle conveying persons or property to or from such State or section or belonging in whole or in part to a resident thereof, may be prosecuted in any district into which the property is taken and in which the proceeding is instituted.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§104, 106, 107, and 108, and
This section consolidates
Subsection (b) substituted words "may be prosecuted in any district where such property is found" for "shall be prosecuted in the district where the seizure is made," to include not only property seized, but also all other property subject to forfeiture.
Words "civil" and "fine" were inserted to make this section applicable to the many provisions of the United States Code for fines essentially civil. (See reviser's note under
Provisions of
Subsection (d) was added for completeness and clarity.
Changes were made in phraseology.
Senate Revision Amendment
While
Cross References
Jurisdiction of district court in action to recover fines, penalties, or forfeitures, see
Section Referred to in Other Sections
This section is referred to in
§1396. Internal revenue taxes
Any civil action for the collection of internal revenue taxes may be brought in the district where the liability for such tax accrues, in the district of the taxpayer's residence, or in the district where the return was filed.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §105, and
Section consolidates
Words "or in the district where the return was filed" are new. This extension of venue will permit of an action in a district easily determinable for collection of revenue earned in several districts, or States, but the return for which is filed with one collector.
Changes were made in phraseology.
Senate Revision Amendment
While
Cross References
Jurisdiction of district courts in actions or proceedings under internal-revenue laws, see
Section Referred to in Other Sections
This section is referred to in title 26 section 7410.
§1397. Interpleader
Any civil action of interpleader or in the nature of interpleader under
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §41(26) (Mar. 3, 1911, ch. 231, §24, par. 26, as added Jan. 20, 1936, ch. 13, §1,
Provisions of
Words "civil action" were substituted for "suit," in view of Rule 2 of the Federal Rules of Civil Procedure.
Changes were made in phraseology.
Cross References
Process and procedure in interpleader actions, see
§1398. Interstate Commerce Commission's orders
(a) Except as otherwise provided by law, a civil action brought under
(b) A civil action to enforce, enjoin, set aside, annul, or suspend, in whole or in part, an order of the Interstate Commerce Commission made pursuant to the referral of a question or issue by a district court or by the United States Court of Federal Claims, shall be brought only in the court which referred the question or issue.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §43 (Oct. 22, 1913, ch. 32,
This section is completely rewritten to give effect to changes recommended by the Judicial Conference of the United States.
"§43. Venue of suits relating to orders of Interstate Commerce Commission.
"The venue of any suit brought to enforce, suspend, or set aside, in whole or in part, any order of the Interstate Commerce Commission shall be in the judicial district wherein is the residence of the party or any of the parties upon whose petition the order was made, except that where the order does not relate to transportation or is not made upon the petition of any party the venue shall be in the district where the matter complained of in the petition before the commission arises, and except that where the order does not relate either to transportation or to a matter so complained of before the commission the matter covered by the order shall be deemed to arise in the district where one of the petitioners in court has either its principal office or its principal operating office. In case such transportation relates to a through shipment the term 'destination' shall be construed as meaning final destination of such shipment." The amendment of
"Except as otherwise provided in the Act entitled 'An Act to Regulate Commerce', approved February 4, 1887, as amended, the venue of any suit brought to enforce, suspend, or set aside, in whole or in part, any order of the Interstate Commerce Commission shall be in the judicial district wherein is the residence of the party or any of the parties bringing the suit or wherein such party or any of such parties has its principal office."
The revised section substitutes the words "Except as otherwise provided by law" for the words of the conference bill, "in the act entitled 'An Act to Regulate Commerce, approved February 4, 1887, as amended' ". (See
Amendments
1992—Subsec. (b).
1982—Subsec. (b).
1975—Subsec. (a).
1964—
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1975 Amendment
Amendment by
Cross References
Enforcement and review of Interstate Commerce Commission's orders, see
Jurisdiction of district courts in actions involving Interstate Commerce Commission's orders, see
§1399. Partition action involving United States
Any civil action by any tenant in common or joint tenant for the partition of lands, where the United States is one of the tenants in common or joint tenants, may be brought only in the judicial district where such lands are located or, if located in different districts in the same State, in any of such districts.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §41(25) (Mar. 3, 1911, ch. 231, §24, par. 25,
Provisions of
Words "civil action" were substituted for "suits in equity," in view of Rule 2 of the Federal Rules of Civil Procedure.
Provision with respect to property in different districts was added to conform with
Changes were made in phraseology.
Cross References
Jurisdiction of district court in partition action where United States is tenant in common or joint tenant, see
§1400. Patents and copyrights
(a) Civil actions, suits, or proceedings arising under any Act of Congress relating to copyrights or exclusive rights in mask works may be instituted in the district in which the defendant or his agent resides or may be found.
(b) Any civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §109, and
Section consolidates
Subsection (b) is based on
Words "civil action" were substituted for "suit," and words "in law or in equity," after "shall have jurisdiction" were deleted, in view of Rule 2 of the Federal Rules of Civil Procedure.
Words in subsection (b) "where the defendant resides" were substituted for "of which the defendant is an inhabitant." A corresponding change was made in subsection (a). Words "inhabitant" and "resident," as respects venue, are synonymous. (See reviser's note under
Words "whether a person, partnership, or corporation" before "has committed" were omitted as surplusage.
The provisions of
Jurisdiction and venue of patent suits against residents of foreign countries or persons residing in plurality of districts, see
Senate Revision Amendment
Amendments
1988—Subsec. (a).
Federal Rules of Civil Procedure
Process, see rule 4, Appendix to this title.
Cross References
Jurisdiction and venue of patent suits against residents of foreign countries or persons residing in plurality of districts, see
Jurisdiction of district courts in patent or copyright actions, see
Jurisdiction and legal remedy for unauthorized use or disclosure of patents and technical information, see
Process in patent infringement action, see
§1401. Stockholder's derivative action
Any civil action by a stockholder on behalf of his corporation may be prosecuted in any judicial district where the corporation might have sued the same defendants.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §112 (part) (Mar. 3, 1911, ch. 231, §51,
For disposition of other provisions of
Words "civil action" were substituted for "suit," in view of Rule 2 of the Federal Rules of Civil Procedure.
Words "other than said corporation," after "same defendants," were omitted as superfluous. Obviously a corporation would not be suing itself.
Changes were made in phraseology.
Cross References
Citizenship of corporations for purposes of diversity of citizenship and removability of actions, see
Process in stockholder's derivative action, see
§1402. United States as defendant
(a) Any civil action in a district court against the United States under subsection (a) of
(1) Except as provided in paragraph (2), in the judicial district where the plaintiff resides;
(2) In the case of a civil action by a corporation under paragraph (1) of subsection (a) of section 1346, in the judicial district in which is located the principal place of business or principal office or agency of the corporation; or if it has no principal place of business or principal office or agency in any judicial district (A) in the judicial district in which is located the office to which was made the return of the tax in respect of which the claim is made, or (B) if no return was made, in the judicial district in which lies the District of Columbia. Notwithstanding the foregoing provisions of this paragraph a district court, for the convenience of the parties and witnesses, in the interest of justice, may transfer any such action to any other district or division.
(b) Any civil action on a tort claim against the United States under subsection (b) of
(c) Any civil action against the United States under subsection (e) of
(d) Any civil action under section 2409a to quiet title to an estate or interest in real property in which an interest is claimed by the United States shall be brought in the district court of the district where the property is located or, if located in different districts, in any of such districts.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§762, 931(a) (Mar. 3, 1887, ch. 359, §5,
Section consolidates the venue provisions of
Provisions of
Words "civil action" were substituted for "suit" in view of Rule 2 of the Federal Rules of Civil Procedure.
Changes were made in phraseology.
Amendments
1982—Subsec. (a).
1972—Subsec. (d).
1966—Subsec. (c).
1958—Subsec. (a).
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1966 Amendment
Amendment by
Cross References
Actions on war risk insurance claims, see
Jurisdiction and legal remedy for unauthorized use or disclosure of patents and technical information, see
Section Referred to in Other Sections
This section is referred to in title 26 section 7429.
§1403. Eminent domain
Proceedings to condemn real estate for the use of the United States or its departments or agencies shall be brought in the district court of the district where the land is located or, if located in different districts in the same State, in any of such districts.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on
Section constitutes the first clause of the second sentence of
The jurisdiction provision of
The remainder of
Provision with respect to property in different districts was added to conform with
See, also,
Cross References
Jurisdiction of district courts in eminent domain proceedings, see
Venue of action involving property in different districts in same state, see
Section Referred to in Other Sections
This section is referred to in title 16 section 79c; title 42 section 2222; title 50 section 167f.
§1404. Change of venue
(a) For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.
(b) Upon motion, consent or stipulation of all parties, any action, suit or proceeding of a civil nature or any motion or hearing thereof, may be transferred, in the discretion of the court, from the division in which pending to any other division in the same district. Transfer of proceedings in rem brought by or on behalf of the United States may be transferred under this section without the consent of the United States where all other parties request transfer.
(c) A district court may order any civil action to be tried at any place within the division in which it is pending.
(d) As used in this section, "district court" includes the United States District Court for the District of the Canal Zone; and "district" includes the territorial jurisdiction of that court.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§119, 163 (Mar. 3, 1911, ch. 231, §58,
Section consolidates
Subsection (a) was drafted in accordance with the doctrine of forum non conveniens, permitting transfer to a more convenient forum, even though the venue is proper. As an example of the need of such a provision, see Baltimore & Ohio R. Co. v. Kepner, 1941, 62 S.Ct. 6, 314 U.S. 44, 86 L.Ed. 28, which was prosecuted under the Federal Employer's Liability Act in New York, although the accident occurred and the employee resided in Ohio. The new subsection requires the court to determine that the transfer is necessary for convenience of the parties and witnesses, and further, that it is in the interest of justice to do so.
Subsection (b) is based upon
Amendments
1962—Subsec. (d).
Effective Date of 1962 Amendment
Amendment by
Termination of United States District Court for the District of the Canal Zone
For termination of the United States District Court for the District of the Canal Zone at end of the "transition period", being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and
Federal Rules of Criminal Procedure
Venue and transfer of criminal prosecutions, see rule 18 et seq., Title 18, Appendix, Crimes and Criminal Procedure.
Cross References
Equal employment opportunity provisions, judicial district of principal office as district in which action might have been brought, see
Section Referred to in Other Sections
This section is referred to in
§1405. Creation or alteration of district or division
Actions or proceedings pending at the time of the creation of a new district or division or transfer of a county or territory from one division or district to another may be tried in the district or division as it existed at the institution of the action or proceeding, or in the district or division so created or to which the county or territory is so transferred as the parties shall agree or the court direct.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §121 (Mar. 3, 1911, ch. 231, §59,
Enforcement of liens in like circumstances is provided by
Remainder of
Changes were made in phraseology.
§1406. Cure or waiver of defects
(a) The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.
(b) Nothing in this chapter shall impair the jurisdiction of a district court of any matter involving a party who does not interpose timely and sufficient objection to the venue.
(c) As used in this section, "district court" includes the United States District Court for the District of the Canal Zone; and "district" includes the territorial jurisdiction of that court.
(June 25, 1948, ch. 646,
Historical and Revision Notes
1948 Act
Subsection (a) provides statutory sanction for transfer instead of dismissal, where venue is improperly laid.
Subsection (b) is declaratory of existing law. (See Panama R.R. Co. v. Johnson, 1924, 44 S.Ct. 391, 264 U.S. 375, 68 L.Ed. 748.) It makes clear the intent of Congress that venue provisions are not jurisdictional but may be waived.
1949 Act
This section removes an ambiguity in
Amendments
1982—Subsecs. (c), (d).
1962—Subsec. (d).
1960—Subsec. (c).
1949—Subsec. (a). Act May 24, 1949, inserted "dismiss, or if it be in the interest of justice".
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1962 Amendment
Amendment by
Effective Date of 1960 Amendment
Section 4 of
Termination of United States District Court for the District of the Canal Zone
For termination of the United States District Court for the District of the Canal Zone at end of the "transition period", being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and
Cross References
Equal employment opportunity provisions, judicial district of principal office as district in which action might have been brought, see
Section Referred to in Other Sections
This section is referred to in title 42 section 2000e–5.
§1407. Multidistrict litigation
(a) When civil actions involving one or more common questions of fact are pending in different 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 section upon its determination that transfers for such proceedings will be for the convenience of parties and witnesses and will promote the just and efficient 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 terminated: Provided, however, That 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 circuit 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
(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 filed with the panel by a party in any action in which transfer for coordinated or consolidated pretrial proceedings under this section may be appropriate. A copy of such motion shall be filed in the district court in which the moving party's action is pending.
The panel shall give notice to the parties in all actions in which transfers for coordinated or consolidated pretrial proceedings are contemplated, and such notice shall specify the time and place of any hearing to determine whether such transfer shall be made. Orders of the panel to set a hearing and other orders of the panel issued prior to the order either directing or denying transfer shall be filed in the office of the clerk of the district court in which a transfer hearing is to be or has been held. The panel's order of transfer shall be based upon a record of such hearing at which material evidence may be offered by any party to an action pending in any district that would be affected by the proceedings under this section, and shall be supported by findings of fact and conclusions of law based upon such record. Orders of transfer and such other orders as the panel may make thereafter shall be filed in the office of the clerk of the district court of the transferee district and shall be effective when thus filed. The clerk of the transferee district court shall forthwith transmit a certified copy of the panel's order to transfer to the clerk of the district court from which the action is being transferred. An order denying transfer shall be filed in each district wherein there is a case pending in which the motion for transfer has been made.
(d) The judicial panel on multidistrict litigation shall consist of seven circuit and district judges designated from time to time by the Chief Justice of the United States, no two of whom shall be from the same circuit. The concurrence of four members shall be necessary to any action by the panel.
(e) No proceedings for review of any order of the panel may be permitted except by extraordinary writ pursuant to the provisions of title 28, section 1651, United States Code. Petitions for an extraordinary writ to review an order of the panel to set a transfer hearing and other orders of the panel issued prior to the order either directing or denying transfer shall be filed only in the court of appeals having jurisdiction over the district in which a hearing is to be or has been held. Petitions for an extraordinary writ to review an order to transfer or orders subsequent to transfer shall be filed only in the court of appeals having jurisdiction over the transferee district. There shall be no appeal or review of an order of the panel denying a motion to transfer for consolidated or coordinated proceedings.
(f) The panel may prescribe rules for the conduct of its business not inconsistent with Acts of Congress and the Federal Rules of Civil Procedure.
(g) Nothing in this section shall apply to any action in which the United States is a complainant arising under the antitrust laws. "Antitrust laws" as used herein include those acts referred to in the Act of October 15, 1914, as amended (
(h) Notwithstanding the provisions of section 1404 or subsection (f) of this section, the judicial panel on multidistrict litigation may consolidate and transfer with or without the consent of the parties, for both pretrial purposes and for trial, any action brought under section 4C of the Clayton Act.
(Added
References in Text
The Federal Rules of Civil Procedure, referred to in subsec. (f), are set out in the Appendix to this title.
Section 4C of the Clayton Act, referred to in subsec. (h), is section 4C of act Oct. 15, 1914, ch. 323, as added by
Amendments
1976—
Section Referred to in Other Sections
This section is referred to in
RULES OF PROCEDURE OF THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION
(Adopted February 26, 1981, effective June 1, 1981, as amended to January 24, 1994)
I. GENERAL RULES
II. RULES FOR MULTIDISTRICT LITIGATION UNDER 28 U.S.C. §1407
III. RULES FOR MULTICIRCUIT PETITIONS FOR REVIEW UNDER 28 U.S.C. §2112(a)(3)
I. GENERAL RULES
Rule 1. Definitions
As used in these Rules "Panel" means the members of the Judicial Panel on Multidistrict Litigation appointed by the Chief Justice of the United States pursuant to
"Clerk of the Panel" means the official appointed by the Panel to act as Clerk of the Panel and shall include those deputized by the Clerk of the Panel to perform or assist in the performance of the duties of the Clerk of the Panel.
"Chairman" means the Chairman of the Judicial Panel on Multidistrict Litigation appointed by the Chief Justice of the United States pursuant to Section 1407, or the member of the Panel designated by the Panel to act as Chairman in the absence or inability of the appointed Chairman.
A "tag-along action" refers to a civil action pending in a district court and involving common questions of fact with actions previously transferred under Section 1407.
(As amended June 14, 1988, eff. July 6, 1988.)
Rule 2. Keeping Records and Files
(a) The records and files of the Panel shall be kept by the Clerk of the Panel at the offices of the Panel. Records and files may be temporarily or permanently removed to such places at such times as the Panel or the Chairman of the Panel shall direct. The Clerk of the Panel may charge fees, as prescribed by the Judicial Conference of the United States, for duplicating records and files. Records and files shall be transferred to the Federal Records Center pursuant to Government Services Administration Authority to Dispose Records.
(b) In order to assist the Panel in carrying out its functions, the Clerk of the Panel shall obtain the complaints and docket sheets in all actions under consideration for transfer under 28 U.S.C. §1407 from the clerk of each district court wherein such actions are pending. The Clerk of the Panel shall similarly obtain any other pleadings and orders that could affect the Panel's decision under 28 U.S.C. §1407.
(As amended June 14, 1988, eff. July 6, 1988; May 3, 1993, eff. July 1, 1993.)
Rule 3. Place of Filing of Papers
All papers for consideration by the Panel shall be submitted for filing to the Clerk of the Panel by mailing or delivering to:
Clerk of the Panel
Judicial Panel on Multidistrict Litigation
Thurgood Marshall Federal Judiciary Building
One Columbus Circle, N.E., Room G–255, North Lobby
Washington, D.C. 20002
No papers shall be left with or mailed to a Judge of the Panel.
(As amended June 14, 1988, eff. July 6, 1988; May 3, 1993, eff. July 1, 1993.)
Rule 4. Failure to Comply with Rules
The Clerk of the Panel shall, when a paper submitted for filing is not in compliance with the provisions of these Rules, file such paper and advise counsel of the deficiencies and a prompt time frame for full compliance. If full compliance is not accomplished within the established time frame, the non-complying paper may be stricken by order of the Chairman of the Panel.
(As amended June 14, 1988, eff. July 6, 1988; May 3, 1993, eff. July 1, 1993.)
Rule 5. Practice
Where not fixed by statute or rule, the practice shall be that heretofore customarily followed by the Panel.
(As amended June 14, 1988, eff. July 6, 1988.)
II. RULES FOR MULTIDISTRICT LITIGATION UNDER 28 U.S.C. §1407
Rule 6. Admission to Practice Before the Panel and Representation in Transferred Actions
Every member in good standing of the Bar of any district court of the United States is entitled without condition to practice before the Judicial Panel on Multidistrict Litigation. Any attorney of record in any action transferred under Section 1407 may continue to represent his or her client in any district court of the United States to which such action is transferred. Parties to any action transferred under Section 1407 are not required to obtain local counsel in the district to which such action is transferred.
(As amended June 14, 1988, eff. July 6, 1988.)
Rule 7. Manner of Filing Papers
(a) An original of the following papers shall be submitted for filing to the Clerk of the Panel: a proof of service pursuant to Rule 8(a) and (b) of these Rules, a notice of appearance pursuant to Rule 8(c) of these Rules, a status notice pursuant to Rules 10(e), 11(e) and 12(b) of these Rules, a notice of opposition pursuant to Rules 12(c) and 14(f)(ii) of these Rules, a notice of related action pursuant to Rule 13(e) of these Rules, an application for extension of time pursuant to Rule 15 of these Rules, or a notice of presentation or waiver of oral argument pursuant to Rule 17(a) of these Rules. An original and eleven copies of all other papers shall be submitted for filing to the Clerk of the Panel. The Clerk of the Panel may require that additional copies also be submitted for filing.
(b) When papers are submitted for filing, the Clerk of the Panel shall endorse thereon the date for filing.
(c) Copies of motions for transfer of an action or actions pursuant to 28 U.S.C. §1407 shall be filed in each district court in which an action is pending that will be affected by the motion. Copies of a motion for remand pursuant to 28 U.S.C. §1407 shall be filed in the Section 1407 transferee district court in which any action affected by the motion is pending.
(d) Papers requiring only an original may be faxed to the Panel office with prior approval of the Clerk of the Panel. No papers requiring multiple copies shall be accepted via fax.
(As amended June 14, 1988, eff. July 6, 1988; May 3, 1993, eff. July 1, 1993.)
Rule 8. Service of Papers Filed
(a) All papers filed with the Clerk of the Panel shall be accompanied by proof of previous service on all other parties in all actions involved in the litigation. Service and proof of service shall be made as provided in Rules 5 and 6 of the Federal Rules of Civil Procedure. The proof of service shall indicate the name and address of each person served and shall indicate the party represented by each. If a party is not represented by counsel, the proof of service shall indicate the name of the party and the party's last known address. The proof of service shall indicate why any person named as a party in a constituent complaint was not served with the Section 1407 pleading. The original proof of service shall be filed with the Clerk of the Panel and copies thereof shall be sent to each person included within the proof of service. After the "Panel Service List" described in subsection (d) of this Rule has been received from the Clerk of the Panel, the "Panel Service List" shall be utilized for service of responses to motions and all other filings. In such instances, the "Panel Service List" shall be attached to the proof of service and shall be supplemented in the proof of service in the event of the presence of additional parties or successor counsel.
(b) The proof of service pertaining to motions for transfer of actions pursuant to 28 U.S.C. §1407 shall certify that copies of the motions have been mailed or otherwise delivered for filing to the clerk of each district court in which an action is pending that will be affected by the motion. The proof of service pertaining to a motion for remand pursuant to 28 U.S.C. §1407 shall certify that a copy of the motion has been mailed or otherwise delivered for filing to the clerk of the Section 1407 transferee district court in which any action affected by the motion is pending.
(c) Within eleven days of filing of a motion to transfer, an order to show cause or a conditional transfer order, each party or designated attorney shall notify the Clerk of the Panel, in writing, of the name and address of the attorney designated to receive service of all pleadings, notices, orders and other papers relating to practice before the Judicial Panel on Multidistrict Litigation. Only one attorney shall be designated for each party. Any party not represented by counsel shall be served by mailing such pleadings to the party's last known address. Requests for an extension of time to file the designation of attorney shall not be granted except in extraordinary circumstances.
(d) In order to facilitate compliance with subsection (a) of this Rule, the Clerk of the Panel shall prepare and serve on all counsel and parties not represented by counsel, a "Panel Service List" containing the names and addresses of the designated attorneys and the party or parties they represent in the actions under consideration by the Panel and the names and addresses of the parties not represented by counsel in the actions under consideration by the Panel.
(e) If following transfer of any group of multidistrict litigation, the transferee district court appoints liaison counsel, this Rule shall be satisfied by serving each party in each affected action and all liaison counsel. Liaison counsel designated by the transferee district court shall receive copies of all Panel orders concerning their particular litigation and shall be responsible for distribution to the parties for whom he or she serves as liaison counsel.
(As amended June 14, 1988, eff. July 6, 1988; May 3, 1993, eff. July 1, 1993.)
Rule 9. Form of Papers Filed
(a) Averments in any motion seeking action by the Panel shall be made in numbered paragraphs, each of which shall be limited, as far as practicable, to a statement of a single factual averment.
(b) Responses to averments in motions shall be made in numbered paragraphs, each of which shall correspond to the number of the paragraph of the motion to which the responsive paragraph is directed. Each responsive paragraph shall admit or deny wholly or in part the averment of the motion, and shall contain the respondent's version of the subject matter when the averment or the motion is not wholly admitted.
(c) Each pleading filed shall be
(i) flat and unfolded;
(ii) plainly written, typed in double space, printed or prepared by means of a duplicating process, without erasures or interlineations which materially deface it;
(iii) on opaque, unglazed, white paper (not onionskin);
(iv) approximately 8½ × 11 inches in size; and
(v) fastened at the top-left corner without front or back covers.
(d) The heading on the first page of each pleading shall commence not less than three inches from the top of the page. Each pleading shall bear the heading "Before the Judicial Panel on Multidistrict Litigation," the identification "MDL Docket No. ____" and the descriptive title designated by the Panel for the litigation involved. If the Panel has not yet designated a title, an appropriate descriptive title shall be used.
(e) The final page of each pleading shall contain the name, address and telephone number of the attorney or party in active charge of the case.
(f) Except with the approval of the Panel, each brief submitted for filing with the Panel shall be limited to twenty pages, exclusive of exhibits. Absent exceptional circumstances, motions to exceed page limits shall not be granted. Exhibits exceeding a cumulative total of 25 pages shall be bound separately from the accompanying pleading.
(g) Proposed Panel orders shall not be submitted with papers for filing.
(As amended June 14, 1988, eff. July 6, 1988; May 3, 1993, eff. July 1, 1993.)
Rule 10. Motion Practice
(a) All requests for action by the Panel under 28 U.S.C. §1407 shall be made by written motion. Every motion shall be accompanied by:
(i) a brief in support thereof in which the background of the litigation and factual and legal contentions of the movant shall be concisely stated in separate portions of the brief with citation of applicable authorities; and
(ii) a schedule giving
(A) the complete name of each action involved, not shortened by the use of references such as "et al." or "etc.";
(B) the district court in which each action is pending;
(C) the civil action number of each action; and
(D) the name of the judge assigned each action, if known.
(b) The Clerk of the Panel shall notify recipients of a motion of the filing date, caption, MDL docket number, briefing schedule and pertinent Panel policies.
(c) Within twenty days after filing of a motion, all other parties shall file a response thereto. Failure of a party to respond to a motion shall be treated as that party's acquiescence to the action requested in the motion.
(d) The movant may, within five days after the lapse of the time period for filing responsive briefs, file a single brief in reply to any opposition.
(e) Motions, their accompaniments, responses, and replies shall also be governed by Rules 7, 8 and 9 of these Rules.
(f) With respect to any action that is the subject of Panel consideration, counsel shall promptly notify the Clerk of the Panel of any development that would partially or completely moot the matter before the Panel.
(g) A joinder in a motion shall not add any action to the previous motion.
(h) Once a motion is filed, any responsive pleading that purports to be a "motion" in the docket shall be filed by the Clerk of the Panel as a response unless the "motion" adds an action. The Clerk of the Panel, upon designating such a pleading as a motion, shall acknowledge that designation by the distribution of a briefing schedule to all parties in the docket. Response time resulting from an additional motion shall ordinarily be extended only to those parties directly affected by the additional motion. An accelerated briefing schedule for the additional motion may be set by the Clerk of the Panel to conform with the hearing schedule established by the Chairman.
(As amended June 14, 1988, eff. July 6, 1988; May 3, 1993, eff. July 1, 1993.)
Rule 11. Show Cause Orders
(a) When transfer of multidistrict litigation is being considered on the initiative of the Panel pursuant to 28 U.S.C. §1407(c)(i), an order shall be filed by the Clerk of the Panel directing the parties to show cause why the action or actions should not be transferred for coordinated or consolidated pretrial proceedings. Any party or counsel in such actions shall promptly notify the Clerk of the Panel of any other federal district court actions related to the litigation encompassed by the show cause order. This notification shall include not only additional actions pending at the time of the issuance of the show cause order but also all future-filed related federal actions.
(b) Any party may file a response to the show cause order within twenty days of the filing of said order unless otherwise provided for in the order. Failure of a party to respond to a show cause order shall be treated as that party's acquiescence to the Panel action contemplated in the order.
(c) Within five days after the lapse of the time period for filing a response, any party may file a reply limited to new matters.
(d) Responses and replies shall be filed and served in conformity with Rules 7, 8 and 9 of these Rules.
(e) With respect to any action that is the subject of Panel consideration, counsel shall promptly notify the Clerk of the Panel of any development that would partially or completely moot the matter before the Panel.
(As amended June 14, 1988, eff. July 6, 1988; May 3, 1993, eff. July 1, 1993.)
Rule 12. Conditional Transfer Orders for "Tag-Along Actions"
(a) Upon learning of the pendency of a potential "tag-along action," as defined in Rule 1 of these Rules, an order may be entered by the Clerk of the Panel transferring that action to the previously designated transferee district court on the basis of the prior hearing or hearings and for the reasons expressed in previous opinions and orders of the Panel in the litigation. The Clerk of the Panel shall serve this order on each party to the litigation but, in order to afford all parties the opportunity to oppose transfer, shall not send the order to the clerk of the transferee district court for fifteen days from the entry thereof.
(b) Parties to an action subject to a conditional transfer order shall notify the Clerk of the Panel within the fifteen-day period if that action is no longer pending in its transferor district court.
(c) Any party opposing the transfer shall file a notice of opposition with the Clerk of the Panel within the fifteen-day period. If a notice of opposition is received by the Clerk of the Panel within this fifteen-day period, the Clerk of the Panel shall not transmit said order to the clerk of the transferee district court until further order of the Panel.
(d) Within fifteen days of the filing of its notice of opposition, the party opposing transfer shall file a motion to vacate the conditional transfer order and brief in support thereof. The Clerk of the Panel shall set the motion for hearing at the next appropriate session of the Panel. Failure to file and serve a motion and brief shall be treated as withdrawal of the opposition and the Clerk of the Panel shall forthwith transmit the order to the clerk of the transferee district court.
(e) Conditional transfer orders do not become effective unless and until they are filed with the clerk of the transferee district court.
(f) Notices of opposition and motions to vacate orders of the Panel and responses thereto shall be governed by Rules 7, 8, 9 and 10 of these Rules.
(As amended June 14, 1988, eff. July 6, 1988.)
Rule 13. Miscellaneous Provisions Concerning "Tag-Along Actions"
(a) Potential "tag-along actions" filed in the transferee district require no action on the part of the Panel and requests for assignment of such actions to the Section 1407 transferee judge should be made in accordance with local rules for the assignment of related actions.
(b) Upon learning of the pendency of a potential "tag-along action" and having reasonable anticipation of opposition to transfer of that action, the Panel may direct the Clerk of the Panel to file a show cause order, in accordance with Rule 11 of these Rules, instead of a conditional transfer order.
(c) Failure to serve one or more of the defendants in a potential "tag-along action" with the complaint and summons as required by Rule 4 of the Federal Rules of Civil Procedure does not preclude transfer of such action under Section 1407. Such failure, however, may be submitted by such a defendant as a basis for opposing the proposed transfer. The inability of the Clerk of the Panel to serve a conditional transfer order on all defendants or their counsel shall not render the transfer of the action void but can be submitted by such a defendant as a basis for moving to remand as to such defendant.
(d) A civil action apparently involving common questions of fact with actions under consideration by the Panel for transfer under Section 1407, which was filed or came to the attention of the Panel either after the initial hearing before it or too late to be included in the initial hearing, will be treated by the Panel as a potential "tag-along action."
(e) Any party or counsel in actions previously transferred under Section 1407 or under consideration by the Panel for transfer under Section 1407 shall promptly notify the Clerk of the Panel of any potential "tag-along actions" in which that party is also named or in which that counsel appears.
(As amended June 14, 1988, eff. July 6, 1988; May 3, 1993, eff. July 1, 1993.)
Rule 14. Termination and Remand
In the absence of unusual circumstances—
(a) Actions terminated in the transferee district court by valid judgment, including but not limited to summary judgment, judgment of dismissal and judgment upon stipulation, shall not be remanded by the Panel and shall be dismissed by the transferee district court. The clerk of the transferee district court shall send a copy of the order terminating the action to the Clerk of the Panel but shall retain the original files and records unless otherwise directed by the transferee judge or by the Panel.
(b) Each transferred action that has not been terminated in the transferee district court shall be remanded by the Panel to the transferor district for trial, unless ordered transferred by the transferee judge to the transferee or other district under 28 U.S.C. §1404(a) or 28 U.S.C. §1406. In the event that the transferee judge so transfers an action under 28 U.S.C. §1404(a) or 1406, no further action of the Panel shall be necessary to authorize further proceedings including trial. Actions that were originally filed in the transferee district require no action by the Panel to be reassigned to another judge in the transferee district at the conclusion of the coordinated or consolidated pretrial proceedings affecting those actions.
(c) The Panel shall consider remand of each transferred action or any separable claim, cross-claim, counterclaim or third-party claim at or before the conclusion of coordinated or consolidated pretrial proceedings on
(i) motion of any party,
(ii) suggestion of the transferee district court, or
(iii) the Panel's own initiative, by entry of an order to show cause, a conditional remand order or other appropriate order.
(d) The Panel is reluctant to order remand absent a suggestion of remand from the transferee district court. If remand is sought be motion of a party, the motion shall be accompanied by:
(i) an affidavit reciting
(A) whether the movant has requested a suggestion of remand from the transferee district court, how the court responded to any request, and, if no such request was made, why;
(B) whether all common discovery and other pretrial proceedings have been completed in the action sought to be remanded, and if not, what remains to be done; and
(C) whether all orders of the transferee district court have been satisfactorily complied with, and if not, what remains to be done; and
(ii) a copy of the transferee district court's final pretrial order, where such order has been entered.
Motions to remand and responses thereto shall be governed by Rules 7, 8, 9 and 10 of these Rules.
(e) When an order to show cause why an action or actions should not be remanded is entered pursuant to subsection (c), paragraph (iii) of this Rule, any party may file a response within twenty days of the filing of said order unless otherwise provided for in the order. Within five days of filing of a party's response, any party may file a reply brief limited to new matters. Failure of a party to respond to a show cause order regarding remand shall be treated as that party's acquiescence to the remand. Responses and replies shall be filed and served in conformity with Rules 7, 8 and 9 of these Rules.
(f) Conditional Remand Orders
(i) When the Panel has been advised by the transferee district judge, or otherwise has reason to believe, that pretrial proceedings in the litigation assigned to the transferee district judge are concluded or that remand of an action or actions is otherwise appropriate, an order may be entered by the Clerk of the Panel remanding the action or actions to the transferor district court. The Clerk of the Panel shall serve this order on each party to the litigation but, in order to afford all parties the opportunity to oppose remand, shall not send the order to the clerk of the transferee district court for fifteen days from the entry thereof.
(ii) Any party opposing the remand shall file a notice of opposition with the Clerk of the Panel within the fifteen-day period. If a notice of opposition is received by the Clerk of the Panel within this fifteen-day period, the Clerk of the Panel shall not transmit said order to the clerk of the transferee district court until further order of the Panel.
(iii) Within fifteen days of the filing of its notice of opposition, the party opposing remand shall file a motion to vacate the conditional remand order and brief in support thereof. The Clerk of the Panel shall set the motion for hearing at the next appropriate session of the Panel. Failure to file and serve a motion and brief shall be treated as a withdrawal of the opposition and the Clerk of the Panel shall forthwith transmit the order to the clerk of the transferee district court.
(iv) Conditional remand orders do not become effective unless and until they are filed with the clerk of the transferee district court.
(v) Notices of opposition and motions to vacate such orders of the Panel and responses thereto shall be governed by Rules 7, 8, 9 and 10 of these Rules.
(g) Upon receipt of an order to remand from the Clerk of the Panel, the parties shall furnish forthwith to the transferee district clerk a stipulation or designation of the contents of the record or part thereof to be remanded and furnish the transferee district clerk all necessary copies of any pleading or other matter filed so as to enable the transferee district clerk to comply with the order of remand.
(As amended June 14, 1988, eff. July 6, 1988; May 3, 1993, eff. July 1, 1993.)
Rule 15. Applications for Extensions of Time
Any application for an extension of time to file a pleading or perform an act required by these Rules must be in writing, must request a specific number of additional days and may be acted upon by the Clerk of the Panel. Such an application will be evaluated in relation to the impact on the Panel's calendar as well as on the basis of the reasons set forth in support of the application. Any party aggrieved by the Clerk of the Panel's action on such application may submit its objections to the Panel for consideration. Absent exceptional circumstances, no extensions of time shall be granted to file a notice of opposition to either a conditional transfer order or a conditional remand order. All applications for extensions of time shall be filed and served in conformity with Rules 7, 8 and 9 of these Rules.
(As amended June 14, 1988, eff. July 6, 1988; May 3, 1993, eff. July 1, 1993.)
Rule 16. Hearings
(a) Hearings shall be held as ordered by the Panel. The Panel shall convene whenever and wherever desirable or necessary in the judgment of the Chairman. The Chairman shall determine which matters shall be set for hearing at each session and the Clerk of the Panel shall give notice to counsel for all parties involved in the litigation of the time, place and subject matter of such hearing.
(b) No transfer or remand determination regarding any action pending in district court shall be made by the Panel when any party timely opposes such transfer or remand unless a hearing has been held or unless the matter has been submitted on the briefs in accordance with Rule 17 of these Rules. Unless otherwise ordered by the Panel, all other matters before the Panel, such as a motion for reconsideration, shall be considered and determined upon the basis of the papers filed.
(c) Except for leave of the Panel on a showing of good cause, only those parties to actions scheduled for hearing who have filed a motion or written response to a motion or order shall be permitted to appear before the Panel and present oral argument.
(d) Counsel for those supporting transfer or remand under Section 1407 and counsel for those opposing such transfer or remand are to confer separately prior to the hearing for the purpose of organizing their arguments and selecting representatives to present all views without duplication.
(e) Unless otherwise ordered by the Panel, a maximum of thirty minutes shall be allotted for argument in each new group of actions being considered for Section 1407 treatment and a maximum of twenty minutes shall be allotted for arguments in all other matters. The time shall be divided equally among those with varying viewpoints. Counsel for the moving party or parties shall generally be heard first.
(f) So far as practicable and consistent with the purposes of Section 1407, the offering of oral testimony before the Panel shall be avoided. Accordingly, oral testimony shall not be received except upon notice, motion and order of the Panel expressly providing for it. Proof may be submitted as provided in the Federal Rules of Civil Procedure.
(g) After an action or group of actions has been set for hearing, it may only be continued by order of the Panel on good cause shown.
(As amended June 14, 1988, eff. July 6, 1988; May 3, 1993, eff. July 1, 1993.)
Rule 17. Notice of Presentation or Waiver of Oral Argument, and Matters Submitted on the Briefs
(a) At such time in advance of the date of the hearing as required by the Clerk of the Panel in the notice of hearing, counsel shall notify the Clerk of the Panel in writing of one of the following: (1) counsel will waive oral argument, if all other counsel in the matter set for hearing waive oral argument; (2) counsel will present oral argument, regardless of whether any other counsel in the matter set for hearing presents oral argument; or (3) counsel waives oral argument. All notices of presentation or waiver of oral argument shall be filed and served in conformity with Rules 7 and 8 of these Rules.
(b) If all parties to a matter set for hearing waive oral argument, the matter shall be submitted for decision by the Panel on the basis of the papers filed. If a party is not present when a matter to be heard is called at the hearing, the matter shall not be rescheduled and that party's position shall be treated as submitted for decision by the Panel on the basis of the papers filed, unless otherwise ordered by the Panel.
(As amended June 14, 1988, eff. July 6, 1988.)
Rule 18. Effect of the Pendency of an Action Before the Panel
The pendency of a motion, order to show cause, conditional transfer order or conditional remand order before the Panel concerning transfer or remand of an action pursuant to 28 U.S.C. §1407 does not affect or suspend orders and pretrial proceedings in the district court in which the action is pending and does not in any way limit the pretrial jurisdiction of that court. A transfer or remand pursuant to 28 U.S.C. §1407 shall be effective when the transfer or remand order is filed in the office of the clerk of the district court of the transferee district.
(As amended June 14, 1988, eff. July 6, 1988.)
Rule 19. Transfer of Files
(a) Upon receipt of a certified copy of a transfer order from the clerk of the transferee district court, the clerk of the transferor district court shall forward to the clerk of the transferee district court the complete original file and a certified copy of the docket sheet for each transferred action.
(b) If an appeal is pending, or a notice of appeal has been filed, or leave to appeal has been sought under 28 U.S.C. §1292(b) or a petition for an extraordinary writ is pending, in any action included in an order of transfer under 28 U.S.C. §1407, and the original file or parts thereof have been forwarded to the court of appeals, the clerk of the transferor district court shall notify the clerk of the court of appeals of the order of transfer and secure the original file long enough to prepare and transmit to the clerk of the transferee district court a certified copy of the docket sheet.
(c) If the transfer order provides for the separation and simultaneous remand of any claim, cross-claim, counterclaim, or third-party claim, the clerk of the transferor district court shall retain the original file and shall prepare and transmit to the clerk of the transferee district court a certified copy of the docket sheet and copies of all papers except those relating exclusively to separated and remanded claims.
(d) Upon receipt of an order to remand from the Clerk of the Panel, the transferee district court shall prepare and send to the clerk of the transferor district court the following:
(i) a certified copy of the individual docket sheet for each action being remanded;
(ii) a certified copy of the master docket sheet, if applicable;
(iii) the entire file for each action being remanded;
(iv) a certified copy of the final pretrial order, if applicable; and
(v) a "record on remand" to be composed of those parts of the files and records produced during coordinated or consolidated pretrial proceedings which have been stipulated to or designated by counsel as being necessary for any or all proceedings to be conducted following remand. It shall be the responsibility of counsel originally preparing or filing any document to be included in the "record on remand" to furnish on request sufficient copies to the clerk of the transferee district court.
(e) The Clerk of the Panel shall be notified when any files have been transmitted pursuant to this Rule.
(Added June 14, 1988, eff. July 6, 1988.)
III. RULES FOR MULTICIRCUIT PETITIONS FOR REVIEW UNDER 28 U.S.C. §2112(a)(3)
Rule 20. Filing of Notices
(a) An original of a notice of multicircuit petitions for review pursuant to 28 U.S.C. §2112(a)(3) shall be submitted for filing to the Clerk of the Panel by the affected agency, board, commission or officer. The term "agency" as used in Section III of these Rules shall include agency, board, commission or officer.
(b) All notices of multicircuit petitions for review submitted by the affected agency for filing with the Clerk of the Panel shall embrace exclusively petitions for review filed in the courts of appeals within ten days after issuance of an agency order and received by the affected agency from the petitioners within that ten day period.
(c) When a notice of multicircuit petitions for review is submitted for filing to the Clerk of the Panel, the Clerk of the Panel shall file the notice and endorse thereon the date of filing.
(d) Copies of notices of multicircuit petitions for review shall be filed by the affected agency with the clerk of each circuit court of appeals in which a petition for review is pending that is included in the notice.
(Added June 14, 1988, eff. July 6, 1988; amended May 3, 1993, eff. July 1, 1993.)
Rule 21. Accompaniments to Notices
(a) All notices of multicircuit petitions for review shall be accompanied by:
(i) a copy of each involved petition for review as the petition for review is defined in 28 U.S.C. §2112(a)(2); and
(ii) a schedule giving
(A) the date of the relevant agency order;
(B) the case name of each petition for review involved;
(C) the circuit court of appeals in which each petition for review is pending;
(D) the appellate docket number of each petition for review;
(E) the date of filing by the court of appeals of each petition for review; and
(F) the date of receipt by the agency of each petition for review.
(b) The schedule in Subsection (a)(ii) of this Rule shall also be governed by Rules 20, 22 and 23(a) of these Rules.
(Added June 14, 1988, eff. July 6, 1988.)
Rule 22. Service of Notices
(a) All notices of multicircuit petitions for review shall be accompanied by proof of service by the affected agency on all other parties in all petitions for review included in the notice. Service and proof of service shall be made as provided in Rule 25 of the Federal Rules of Appellate Procedure. The proof of service shall state the name and address of each person served and shall indicate the party represented by each. If a party is not represented by counsel, the proof of service shall indicate the name of the party and his or her last known address. The original proof of service shall be submitted by the affected agency for filing with the Clerk of the Panel and copies thereof shall be sent by the affected agency to each person included within the proof of service.
(b) The proof of service pertaining to notices of multicircuit petitions for review shall certify that copies of the notices have been mailed or otherwise delivered by the affected agency for filing to the clerk of each circuit court of appeals in which a petition for review is pending that is included in the notice.
(Added June 14, 1988, eff. July 6, 1988.)
Rule 23. Form of Notices
(a) Each notice of multicircuit petitions for review shall be
(i) flat and unfolded;
(ii) plainly written, typed in double space, printed or prepared by means of a duplicating process, without erasures or interlineations which materially deface it;
(iii) on opaque, unglazed, white paper (not onionskin);
(iv) approximately 8½ × 11 inches in size; and
(v) fastened at the top-left corner without front or back covers.
(b) The heading on the first page of each notice of multicircuit petitions for review shall commence not less than three inches from the top of the page. Each notice shall bear the heading "Notice to the Judicial Panel on Multidistrict Litigation of Multicircuit Petitions for Review," followed by a brief caption identifying the involved agency, the relevant agency order, and the date of the order.
(c) The final page of each notice of multicircuit petitions for review shall contain the name, address and telephone number of the individual or individuals who submitted the notice on behalf of the agency.
(Added June 14, 1988, eff. July 6, 1988; amended May 3, 1993, eff. July 1, 1993.)
Rule 24. Random Selection
(a) Upon filing a notice of multicircuit petitions for review, the Clerk of the Panel or designated deputy shall randomly select a circuit court of appeals from a drum containing an entry for each circuit wherein a constituent petition for review is pending. Multiple petitions for review pending in a single circuit shall be allotted only a single entry in the drum. This random selection shall be witnessed by the Clerk of the Panel or a designated deputy other than the random selector. Thereafter, an order on behalf of the Panel shall be issued, signed by the random selector and the witness,
(i) consolidating the petitions for review in the court of appeals for the circuit that was randomly selected; and
(ii) designating that circuit as the one in which the record is to be filed pursuant to Rules 16 and 17 of the Federal Rules of Appellate Procedure.
(b) A consolidation of petitions for review shall be effective when the Panel's consolidation order is filed at the offices of the Panel by the Clerk of the Panel.
(Added June 14, 1988, eff. July 6, 1988.)
Rule 25. Service of Panel Consolidation Order
(a) The Clerk of the Panel shall serve the Panel's consolidation order on the affected agency through the individual or individuals, as identified in Rule 23(c) of these Rules, who submitted the notice of multicircuit petitions for review on behalf of the agency.
(b) That individual or individuals, or anyone else designated by the agency, shall promptly serve the Panel's consolidation order on all other parties in all petitions for review included in the Panel's consolidation order, and shall promptly submit a proof of that service to the Clerk of the Panel. Service and proof of that service shall also be governed by Rule 22 of these Rules.
(c) The Clerk of the Panel shall serve the Panel's consolidation order on the clerks of all circuit courts of appeals that were among the candidates for the Panel's random selection.
(Added June 14, 1988, eff. July 6, 1988.)
§1408. Venue of cases under title 11
Except as provided in
(1) in which the domicile, residence, principal place of business in the United States, or principal assets in the United States, of the person or entity that is the subject of such case have been located for the one hundred and eighty days immediately preceding such commencement, or for a longer portion of such one-hundred-and-eighty-day period than the domicile, residence, or principal place of business, in the United States, or principal assets in the United States, of such person were located in any other district; or
(2) in which there is pending a case under title 11 concerning such person's affiliate, general partner, or partnership.
(Added
Prior Provisions
A prior section 1408, added by
Effective Date
Section effective July 10, 1984, see section 122(a) of
§1409. Venue of proceedings arising under title 11 or arising in or related to cases under title 11
(a) Except as otherwise provided in subsections (b) and (d), a proceeding arising under title 11 or arising in or related to a case under title 11 may be commenced in the district court in which such case is pending.
(b) Except as provided in subsection (d) of this section, a trustee in a case under title 11 may commence a proceeding arising in or related to such case to recover a money judgment of or property worth less than $1,000 or a consumer debt of less than $5,000 only in the district court for the district in which the defendant resides.
(c) Except as provided in subsection (b) of this section, a trustee in a case under title 11 may commence a proceeding arising in or related to such case as statutory successor to the debtor or creditors under
(d) A trustee may commence a proceeding arising under title 11 or arising in or related to a case under title 11 based on a claim arising after the commencement of such case from the operation of the business of the debtor only in the district court for the district where a State or Federal court sits in which, under applicable nonbankruptcy venue provisions, an action on such claim may have been brought.
(e) A proceeding arising under title 11 or arising in or related to a case under title 11, based on a claim arising after the commencement of such case from the operation of the business of the debtor, may be commenced against the representative of the estate in such case in the district court for the district where the State or Federal court sits in which the party commencing such proceeding may, under applicable nonbankruptcy venue provisions, have brought an action on such claim, or in the district court in which such case is pending.
(Added
Effective Date
Section effective July 10, 1984, see section 122(a) of
§1410. Venue of cases ancillary to foreign proceedings
(a) A case under
(b) A case under
(c) A case under
(Added
Effective Date
Section effective July 10, 1984, see section 122(a) of
Section Referred to in Other Sections
This section is referred to in
§1411. Jury trials
(a) Except as provided in subsection (b) of this section, this chapter and title 11 do not affect any right to trial by jury that an individual has under applicable nonbankruptcy law with regard to a personal injury or wrongful death tort claim.
(b) The district court may order the issues arising under
(Added
Effective Date
Section effective July 10, 1984, except that subsec. (a) not applicable with respect to cases under Title 11, Bankruptcy, that are pending on July 10, 1984, or to proceedings arising in or related to such cases, see section 122(a), (b) of
§1412. Change of venue
A district court may transfer a case or proceeding under title 11 to a district court for another district, in the interest of justice or for the convenience of the parties.
(Added
Effective Date
Section effective July 10, 1984, see section 122(a) of
CHAPTER 89 —DISTRICT COURTS; REMOVAL OF CASES FROM STATE COURTS
Amendments
1984—
1970—
1958—
1956—Act Aug. 10, 1956, ch. 1041, §19(b),
Cross References
Puerto Rico, removal of causes to United States District Court of Puerto Rico, see
Chapter Referred to in Other Section
This chapter is referred to in title 33 section 1323; title 39 section 409; title 42 section 7192.
§1441. Actions removable generally
(a) Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending. For purposes of removal under this chapter, the citizenship of defendants sued under fictitious names shall be disregarded.
(b) Any civil action of which the district courts have original jurisdiction founded on a claim or right arising under the Constitution, treaties or laws of the United States shall be removable without regard to the citizenship or residence of the parties. Any other such action shall be removable only if none of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought.
(c) Whenever a separate and independent claim or cause of action within the jurisdiction conferred by
(d) Any civil action brought in a State court against a foreign state as defined in
(e) The court to which such civil action is removed is not precluded from hearing and determining any claim in such civil action because the State court from which such civil action is removed did not have jurisdiction over that claim.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§71, 114 (Mar. 3, 1911, ch. 231, §§28, 53,
Section consolidates removal provisions of
Phrases such as "in suits of a civil nature, at law or in equity," the words "case," "cause," "suit," and the like have been omitted and the words "civil action" substituted in harmony with Rules 2 and 81(c) of the Federal Rules of Civil Procedure.
Ambiguous phrases such as "the District Court of the United States for the proper district" have been clarified by the substitution of the phrase "the district and division embracing the place where such action is pending." (See General Investment Co. v. Lake Shore & M.S. Ry. Co., 1922, 43 S.Ct. 107, 112, 260 U.S. 261, 67 L.Ed. 244 and cases cited therein.)
All the provisions with reference to removal of controversies between citizens of different States because of inability, from prejudice or local influence, to obtain justice, have been discarded. These provisions, born of the bitter sectional feelings engendered by the Civil War and the Reconstruction period, have no place in the jurisprudence of a nation since united by three wars against foreign powers. Indeed, the practice of removal for prejudice or local influence has not been employed much in recent years.
Subsection (c) has been substituted for the provision in
This quoted language has occasioned much confusion. The courts have attempted to distinguish between separate and separable controversies, a distinction which is sound in theory but illusory in substance. (See 41 Harv. L. Rev. 1048; 35 Ill. L. Rev. 576.)
Subsection (c) permits the removal of a separate cause of action but not of a separable controversy unless it constitutes a separate and independent claim or cause of action within the original jurisdiction of United States District Courts. In this respect it will somewhat decrease the volume of Federal litigation.
Rules 18, 20, and 23 of the Federal Rules of Civil Procedure permit the most liberal joinder of parties, claims, and remedies in civil actions. Therefore there will be no procedural difficulty occasioned by the removal of the entire action. Conversely, if the court so desires, it may remand to the State court all nonremovable matters.
The provisions of
Amendments
1991—Subsec. (c).
1990—Subsec. (c).
1988—Subsec. (a).
1986—Subsec. (e).
1976—Subsec. (d).
Effective Date of 1986 Amendment
Section 3(b) of
Effective Date of 1976 Amendment
Amendment by
Federal Rules of Civil Procedure
Application of Rules of Civil Procedure, see rule 81, Appendix to this title.
Cross References
Asian Development Bank, removal of actions against, see
Citizenship of corporations for purposes of this section, see
Federal reserve banks and banking transactions, removal of actions involving, see
Inter-American Development Bank, removal of actions against, see
International Finance Corporation, removal of actions against, see
International Monetary Fund and International Bank for Reconstruction and Development, removal of actions against, see
International or foreign banking, removal of suits arising out of, see
Securities Act, cases not removable, see
Stay of State court proceedings, see
Section Referred to in Other Sections
This section is referred to in
§1442. Federal officers sued or prosecuted
(a) A civil action or criminal prosecution commenced in a State court against any of the following persons may be removed by them to the district court of the United States for the district and division embracing the place wherein it is pending:
(1) Any officer of the United States or any agency thereof, or person acting under him, for any act under color of such office or on account of any right, title or authority claimed under any Act of Congress for the apprehension or punishment of criminals or the collection of the revenue.
(2) A property holder whose title is derived from any such officer, where such action or prosecution affects the validity of any law of the United States.
(3) Any officer of the courts of the United States, for any act under color of office or in the performance of his duties;
(4) Any officer of either House of Congress, for any act in the discharge of his official duty under an order of such House.
(b) A personal action commenced in any State court by an alien against any citizen of a State who is, or at the time the alleged action accrued was, a civil officer of the United States and is a nonresident of such State, wherein jurisdiction is obtained by the State court by personal service of process, may be removed by the defendant to the district court of the United States for the district and division in which the defendant was served with process.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §§76 and 77 (Mar. 3, 1911, ch. 231, §§33, 34,
Section consolidates
The revised subsection (a)(1) is extended to apply to all officers and employees of the United States or any agency thereof.
The procedural provisions of
Changes were made in phraseology.
Federal Rules of Civil Procedure
Application of Rules of Civil Procedure to removed actions, see rule 81, Appendix to this title.
Continuation of section under rule 81, see note by Advisory Committee under rule 81.
Cross References
Senate or House, suits against officers of, removal provisions applicable, see
Stay of State court proceedings, see
Section Referred to in Other Sections
This section is referred to in title 12 sections 1452, 2279aa–14.
§1442a. Members of armed forces sued or prosecuted
A civil or criminal prosecution in a court of a State of the United States against a member of the armed forces of the United States on account of an act done under color of his office or status, or in respect to which he claims any right, title, or authority under a law of the United States respecting the armed forces thereof, or under the law of war, may at any time before the trial or final hearing thereof be removed for trial into the district court of the United States for the district where it is pending in the manner prescribed by law, and it shall thereupon be entered on the docket of the district court, which shall proceed as if the cause had been originally commenced therein and shall have full power to hear and determine the cause.
(Added Aug. 10, 1956, ch. 1041, §19(a),
Derivation
Section was from the Uniform Code of Military Justice, act May 5, 1950, ch. 169, §9,
§1443. Civil rights cases
Any of the following civil actions or criminal prosecutions, commenced in a State court may be removed by the defendant to the district court of the United States for the district and division embracing the place wherein it is pending:
(1) Against any person who is denied or cannot enforce in the courts of such State a right under any law providing for the equal civil rights of citizens of the United States, or of all persons within the jurisdiction thereof;
(2) For any act under color of authority derived from any law providing for equal rights, or for refusing to do any act on the ground that it would be inconsistent with such law.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §74 (Mar. 3, 1911, ch. 231, §31,
Other provisions of
Words "or in the part of the State where such suit or prosecution is pending" after "courts of such States," were omitted as unnecessary.
Changes were made in phraseology.
Federal Rules of Civil Procedure
Application of rules, see rule 81, Appendix to this title.
Continuation of section under rule 81, see note by Advisory Committee under rule 81.
Cross References
Stay of State court proceedings, see
Section Referred to in Other Sections
This section is referred to in
§1444. Foreclosure action against United States
Any action brought under
(June 25, 1948, ch. 646,
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., §903 (Mar. 4, 1931, ch. 515, §3,
The procedural provisions of
Changes were made in phraseology.
1949 Act
This section corrects typographical errors in
Amendments
1949—Act May 24, 1949, inserted "court" between "State" and "may", and substituted "division" for "divisions".
Cross References
Actions affecting property on which United States has a lien, see
Stay of State court proceedings, see
Section Referred to in Other Sections
This section is referred to in
§1445. Nonremovable actions
(a) A civil action in any State court against a railroad or its receivers or trustees, arising under
(b) A civil action in any State court against a common carrier or its receivers or trustees to recover damages for delay, loss, or injury of shipments, arising under
(c) A civil action in any State court arising under the workmen's compensation laws of such State may not be removed to any district court of the United States.
(d) A civil action in any State court arising under section 40302 of the Violence Against Women Act of 1994 may not be removed to any district court of the United States.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §71 (Mar. 3, 1911, ch. 231, §28,
The words "or its receivers or trustees" were inserted in both subsections to make clear that nonremovable actions against a carrier do not become removable under
This was the unquestioned rule prior to the act of Aug. 23, 1916, ch. 399,
A reference in
Other provisions of
Changes were made in phraseology.
References in Text
Section 40302 of the Violence Against Women Act of 1994, referred to in subsec. (d), is classified to
Amendments
1994—Subsec. (d).
1978—Subsec. (b).
1958—
Effective Date of 1958 Amendment
Amendment by
Cross References
Stay of State court proceedings, see
§1446. Procedure for removal
(a) A defendant or defendants desiring to remove any civil action or criminal prosecution from a State court shall file in the district court of the United States for the district and division within which such action is pending a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action.
(b) The notice of removal of a civil action or proceeding shall be filed within thirty days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based, or within thirty days after the service of summons upon the defendant if such initial pleading has then been filed in court and is not required to be served on the defendant, whichever period is shorter.
If the case stated by the initial pleading is not removable, a notice of removal may be filed within thirty days after receipt by the defendant, through service or otherwise, of a copy of an amended pleading, motion, order or other paper from which it may first be ascertained that the case is one which is or has become removable, except that a case may not be removed on the basis of jurisdiction conferred by
(c)(1) A notice of removal of a criminal prosecution shall be filed not later than thirty days after the arraignment in the State court, or at any time before trial, whichever is earlier, except that for good cause shown the United States district court may enter an order granting the petitioner leave to file the notice at a later time.
(2) A notice of removal of a criminal prosecution shall include all grounds for such removal. A failure to state grounds which exist at the time of the filing of the notice shall constitute a waiver of such grounds, and a second notice may be filed only on grounds not existing at the time of the original notice. For good cause shown, the United States district court may grant relief from the limitations of this paragraph.
(3) The filing of a notice of removal of a criminal prosecution shall not prevent the State court in which such prosecution is pending from proceeding further, except that a judgment of conviction shall not be entered unless the prosecution is first remanded.
(4) The United States district court in which such notice is filed shall examine the notice promptly. If it clearly appears on the face of the notice and any exhibits annexed thereto that removal should not be permitted, the court shall make an order for summary remand.
(5) If the United States district court does not order the summary remand of such prosecution, it shall order an evidentiary hearing to be held promptly and after such hearing shall make such disposition of the prosecution as justice shall require. If the United States district court determines that removal shall be permitted, it shall so notify the State court in which prosecution is pending, which shall proceed no further.
(d) Promptly after the filing of such notice of removal of a civil action the defendant or defendants shall give written notice thereof to all adverse parties and shall file a copy of the notice with the clerk of such State court, which shall effect the removal and the State court shall proceed no further unless and until the case is remanded.
(e) If the defendant or defendants are in actual custody on process issued by the State court, the district court shall issue its writ of habeas corpus, and the marshal shall thereupon take such defendant or defendants into his custody and deliver a copy of the writ to the clerk of such State court.
(f) With respect to any counterclaim removed to a district court pursuant to section 337(c) of the Tariff Act of 1930, the district court shall resolve such counterclaim in the same manner as an original complaint under the Federal Rules of Civil Procedure, except that the payment of a filing fee shall not be required in such cases and the counterclaim shall relate back to the date of the original complaint in the proceeding before the International Trade Commission under section 337 of that Act.
(June 25, 1948, ch. 646,
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., §§72, 74, 75, 76 (May 3, 1911, ch. 231, §§29, 31, 32, 33,
Section consolidates portions of sections 74, 75, and 76 with
Subsection (a), providing for the filing of the removal petition in the district court, is substituted for the requirement of
Subsection (b) makes uniform the time for filing petitions to remove all civil actions within twenty days after commencement of action or service of process whichever is later, instead of "at any time before the defendant is required by the laws of the State or the rule of the State court in which such suit is brought to answer or plead" as required by
Subsection (c) embodies the provisions of
The provision of said
Subsection (d) is derived from
Subsection (e) provides for notice to the adverse parties and for the filing in the State court of a copy of the petition for removal in substitution for the requirements of
Subsection (f) is derived from
Since the procedure in removal cases is now governed by the Federal Rules of Civil Procedure [Rule 81(c)] and Federal Rules of Criminal Procedure [Rule 54(b)], the detailed directions of the various sections with respect to such procedure were omitted as unnecessary.
Thus the provision of
The provisions of
The requirements of
The provisions of
1949 Act
Subsection (b) of
The first paragraph of the amendment to subsection (b) corrects this situation by providing that the petition for removal need not be filed until 20 days after the defendant has received a copy of the plaintiff's initial pleading.
This provision, however, without more, would create further difficulty in those States, such as Kentucky, where suit is commenced by the filing of the plaintiff's initial pleading and the issuance and service of a summons without any requirement that a copy of the pleading be served upon or otherwise furnished to the defendant. Accordingly the first paragraph of the amendment provides that in such cases the petition for removal shall be filed within 20 days after the service of the summons.
The first paragraph of the amendment conforms to the amendment of rule 81(c) of the Federal Rules of Civil Procedure, relating to removed actions, adopted by the Supreme Court on December 29, 1948, and reported by the Court to the present session of Congress.
The second paragraph of the amendment to subsection (b) is intended to make clear that the right of removal may be exercised at a later stage of the case if the initial pleading does not state a removable case but its removability is subsequently disclosed. This is declaratory of the existing rule laid down by the decisions. (See for example, Powers v. Chesapeake etc., Ry. Co., 169 U.S. 92.)
In addition, this amendment clarifies the intent of
References in Text
The Federal Rules of Civil Procedure, referred to in subsecs. (a) and (f), are set out in the Appendix to this title.
Section 337 of the Tariff Act of 1930, referred to in subsec. (f), is classified to
Amendments
1994—Subsec. (f).
1991—Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (c)(4), (5).
"(4) The United States district court to which such petition is directed shall examine the petition promptly. If it clearly appears on the face of the petition and any exhibits annexed thereto that the petition for removal should not be granted, the court shall make an order for its summary dismissal.
"(5) If the United States district court does not order the summary dismissal of such petition, it shall order an evidentiary hearing to be held promptly and after such hearing shall make such disposition of the petition as justice shall require. If the United States district court determines that such petition shall be granted, it shall so notify the State court in which prosecution is pending, which shall proceed no further."
Subsec. (d).
1988—Subsec. (a).
Subsec. (b).
Subsecs. (d) to (f).
1977—Subsec. (c).
Subsec. (e).
1965—Subsec. (b).
1949—Subsec. (b). Act May 24, 1949, §83(a), provided that the petition for removal need not be filed until 20 days after the defendant has received a copy of the plaintiff's initial pleading, and provided that the petition for removal shall be filed within 20 days after the service of summons.
Subsec. (e). Act May 24, 1949, §83(b), indicated that notice need not be given simultaneously with the filing, but may be made promptly thereafter.
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1977 Amendment
Amendment by
Federal Rules of Civil Procedure
Application of Rules of Civil Procedure, see rule 81, Appendix to this title.
Continuation of section under rule 81, see note by Advisory Committee under rule 81.
Cross References
Stay of State court proceedings, see
Section Referred to in Other Sections
This section is referred to in
§1447. Procedure after removal generally
(a) In any case removed from a State court, the district court may issue all necessary orders and process to bring before it all proper parties whether served by process issued by the State court or otherwise.
(b) It may require the removing party to file with its clerk copies of all records and proceedings in such State court or may cause the same to be brought before it by writ of certiorari issued to such State court.
(c) A motion to remand the case on the basis of any defect in removal procedure must be made within 30 days after the filing of the notice of removal under section 1446(a). If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded. An order remanding the case may require payment of just costs and any actual expenses, including attorney fees, incurred as a result of the removal. A certified copy of the order of remand shall be mailed by the clerk to the clerk of the State court. The State court may thereupon proceed with such case.
(d) An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise, except that an order remanding a case to the State court from which it was removed pursuant to
(e) If after removal the plaintiff seeks to join additional defendants whose joinder would destroy subject matter jurisdiction, the court may deny joinder, or permit joinder and remand the action to the State court.
(June 25, 1948, ch. 646,
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., §§71, 72, 74, 76, 80, 81 and 83 (Mar. 3, 1911, ch. 231, §§28, 29, 31, 33, 37 and 38,
Section consolidates procedural provisions of
Subsection (a) is derived from
Subsection (b) is derived from
[Editorial Note.—Subsecs. (c), (d) and (e) as originally revised and incorporated in this section read as follows:
"(c) It may order the pleadings recast and the parties realigned according to their real interest.
"(d) If any party fails to comply with its lawful orders, the district court may enter such further orders and judgments as justice requires.
"(e) If at any time before final judgment it appears that the case was removed improvidently and without jurisdiction, the district court shall remand the case. A certified copy of the order of remand shall be mailed by its clerk to the clerk of the State court. The State court may thereupon proceed with such case."]
Subsections (c) and (d) are substituted for unnecessary and inconsistent procedural provisions.
Subsection (e) [now subsec. (c)] is derived from
The provisions in
1949 Act
This section strikes out subsections (c) and (d) of
Amendments
1991—Subsec. (b).
1988—Subsec. (c).
Subsec. (e).
1964—Subsec. (d).
1949—Subsec. (c). Act May 24, 1949, §84(a), struck out former subsecs. (c) and (d), renumbered former subsec. (e) to be subsec. (c) and inserted at end of first sentence of new subsec. (c) "and may order the payment of just costs".
Subsec. (d). Act May 24, 1949, §84(b), added subsec. (d).
Exception to Subsection (d)
Act Aug. 4, 1947, ch. 458, §3(c),
Federal Rules of Civil Procedure
Application of Rules, see rule 81, Appendix to this title.
Cross References
Amendment of pleadings to show jurisdiction, see
Parties collusively joined or made, see
Stay of State court proceedings, see
§1448. Process after removal
In all cases removed from any State court to any district court of the United States in which any one or more of the defendants has not been served with process or in which the service has not been perfected prior to removal, or in which process served proves to be defective, such process or service may be completed or new process issued in the same manner as in cases originally filed in such district court.
This section shall not deprive any defendant upon whom process is served after removal of his right to move to remand the case.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §83 (Apr. 16, 1920, ch. 146,
Words "district court of the United States" were substituted for "United States Court," because only the district courts now possess jurisdiction over removed civil and criminal cases.
Changes were made in phraseology.
Federal Rules of Civil Procedure
Application of Rules, see rule 81, Appendix to this title.
Cross References
Power of district court to bring before it proper parties, whether or not served with State court process, see
§1449. State court record supplied
Where a party is entitled to copies of the records and proceedings in any suit or prosecution in a State court, to be used in any district court of the United States, and the clerk of such State court, upon demand, and the payment or tender of the legal fees, fails to deliver certified copies, the district court may, on affidavit reciting such facts, direct such record to be supplied by affidavit or otherwise. Thereupon such proceedings, trial, and judgment may be had in such district court, and all such process awarded, as if certified copies had been filed in the district court.
(June 25, 1948, ch. 646,
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., §78 (Mar. 3, 1911, ch. 231, §35,
Changes were made in phraseology.
1949 Act
This section corrects a typographical error by eliminating from
Amendments
1949—Act May 24, 1949, substituted "and the clerk of such State court, upon" for "any attachment or sequestration of the".
Federal Rules of Civil Procedure
Continuation of former sections 78 and 82, see note by Advisory Committee under rule 81, Appendix to this title.
Cross References
Writs of certiorari to State courts, see
§1450. Attachment or sequestration; securities
Whenever any action is removed from a State court to a district court of the United States, any attachment or sequestration of the goods or estate of the defendant in such action in the State court shall hold the goods or estate to answer the final judgment or decree in the same manner as they would have been held to answer final judgment or decree had it been rendered by the State court.
All bonds, undertakings, or security given by either party in such action prior to its removal shall remain valid and effectual notwithstanding such removal.
All injunctions, orders, and other proceedings had in such action prior to its removal shall remain in full force and effect until dissolved or modified by the district court.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §79 (Mar. 3, 1911, ch. 231, §36,
Changes were made in phraseology.
Federal Rules of Civil Procedure
Attachment or sequestration in federal court after removal, see rule 64, Appendix to this title.
Continuation of section, see note by Advisory Committee under rule 81.
Jury trial in removal actions, see rule 81.
§1451. Definitions
For purposes of this chapter—
(1) The term "State court" includes the Superior Court of the District of Columbia.
(2) The term "State" includes the District of Columbia.
(Added
Effective Date
Section effective first day of seventh calendar month which begins after July 29, 1970, see section 199(a) of
§1452. Removal of claims related to bankruptcy cases
(a) A party may remove any claim or cause of action in a civil action other than a proceeding before the United States Tax Court or a civil action by a governmental unit to enforce such governmental unit's police or regulatory power, to the district court for the district where such civil action is pending, if such district court has jurisdiction of such claim or cause of action under
(b) The court to which such claim or cause of action is removed may remand such claim or cause of action on any equitable ground. An order entered under this subsection remanding a claim or cause of action, or a decision to not remand, is not reviewable by appeal or otherwise by the court of appeals under
(Added
Amendments
1990—Subsec. (b).
Effective Date
Section effective July 10, 1984, see section 122(a) of
[CHAPTER 90 —OMITTED]
Codification
Transition to New Court System
CHAPTER 91 —UNITED STATES COURT OF FEDERAL CLAIMS
Historical and Revision Notes
1949 Act
This section inserts in the analysis of
Amendments
1992—
1984—
1982—
1976—
1960—
1954—Act Sept. 3, 1954, ch. 1263, §43,
1949—Act May 24, 1949, ch. 139, §86,
Rules of the United States Court of Federal Claims
See Appendix to this title.
Cross References
District courts, concurrent jurisdiction of actions or claims not exceeding $10,000, see
Organization of Court of Federal Claims, see
Procedure in Court of Federal Claims, see
§1491. Claims against United States generally; actions involving Tennessee Valley Authority
(a)(1) The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim against the United States founded either upon the Constitution, or any Act of Congress or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort. For the purpose of this paragraph, an express or implied contract with the Army and Air Force Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or Exchange Councils of the National Aeronautics and Space Administration shall be considered an express or implied contract with the United States.
(2) To provide an entire remedy and to complete the relief afforded by the judgment, the court may, as an incident of and collateral to any such judgment, issue orders directing restoration to office or position, placement in appropriate duty or retirement status, and correction of applicable records, and such orders may be issued to any appropriate official of the United States. In any case within its jurisdiction, the court shall have the power to remand appropriate matters to any administrative or executive body or official with such direction as it may deem proper and just. The Court of Federal Claims shall have jurisdiction to render judgment upon any claim by or against, or dispute with, a contractor arising under section 10(a)(1) of the Contract Disputes Act of 1978, including a dispute concerning termination of a contract, rights in tangible or intangible property, compliance with cost accounting standards, and other nonmonetary disputes on which a decision of the contracting officer has been issued under section 6 of that Act.
(3) To afford complete relief on any contract claim brought before the contract is awarded, the court shall have exclusive jurisdiction to grant declaratory judgments and such equitable and extraordinary relief as it deems proper, including but not limited to injunctive relief. In exercising this jurisdiction, the court shall give due regard to the interests of national defense and national security.
(b) Nothing herein shall be construed to give the United States Court of Federal Claims jurisdiction of any civil action within the exclusive jurisdiction of the Court of International Trade, or of any action against, or founded on conduct of, the Tennessee Valley Authority, or to amend or modify the provisions of the Tennessee Valley Authority Act of 1933 with respect to actions by or against the Authority.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §250(1) (Mar. 3, 1911, ch. 231; §145,
District courts are given concurrent jurisdiction of certain claims against the United States under
The proviso in
The exception in
Words "in respect of which claims the party would be entitled to redress against the United States either in a court of law, equity, or admiralty, if the United States were suable" were omitted as unnecessary since the Court of Claims manifestly, under this section will determine whether a petition against the United States states a cause of action. In any event, the Court of Claims has no admiralty jurisdiction, but the Suits in Admiralty Act,
For additional provisions respecting jurisdiction of the court of claims in war contract settlement cases see
Changes were made in phraseology.
References in Text
Sections 6 and 10(a)(1) of the Contract Disputes Act of 1978, referred to in subsec. (a)(2), are classified to sections 605 and 609(a)(1), respectively, of Title 41, Public Contracts.
The Tennessee Valley Authority Act of 1933, referred to in subsec. (b), is act May 18, 1933, ch. 32,
Amendments
1992—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b).
1982—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (b).
1980—
1978—
1972—
1970—
1954—Act Sept. 3, 1954, inserted "; actions involving Tennessee Valley Authority" in section catchline and altered the form of first par. to spell out the general jurisdiction of the Court in paragraph form rather than as clauses of the par.
1953—Act July 28, 1953, substituted "United States Court of Claims" for "Court of Claims" near beginning of section, and inserted last par.
Effective Date of 1992 Amendment
Amendment by section 902(a) of
Section 907(b)(2) of
"(A) a final judgment of the United States Claims Court, if the time for appeal of that judgment has expired without an appeal having been filed, or
"(B) a final judgment of the Court of Appeals for the Federal Circuit."
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1972 Amendment
Section 2 of
Effective Date of 1970 Amendment
Amendment by
Rules of the United States Court of Federal Claims
See Appendix to this title.
Cross References
Admiralty suits against United States, jurisdiction of district courts, see
Costs, where United States is party, see
District courts, concurrent jurisdiction of actions or claims not exceeding $10,000, see
Limitation of actions, see
Procedure in Court of Federal Claims, see
Tax Court jurisdiction, see
Tennessee Valley Authority, use of patents by, see
War contracts, jurisdiction and procedure to enforce termination claim, see
Section Referred to in Other Sections
This section is referred to in
§1492. Congressional reference cases
Any bill, except a bill for a pension, may be referred by either House of Congress to the chief judge of the United States Court of Federal Claims for a report in conformity with
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §257 (Mar. 3, 1911, ch. 231, §151,
This section contains only the jurisdictional provision of
Changes were made in phraseology.
Amendments
1992—
1982—
1966—
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
[§1493. Repealed. July 28, 1953, ch. 253, §8, 67 Stat. 226 ]
Section, act June 25, 1948, ch. 646,
§1494. Accounts of officers, agents or contractors
The United States Court of Federal Claims shall have jurisdiction to determine the amount, if any, due to or from the United States by reason of any unsettled account of any officer or agent of, or contractor with, the United States, or a guarantor, surety or personal representative of any such officer, agent or contractor, and to render judgment thereof,1 where—
(1) claimant or the person he represents has applied to the proper department of the Government for settlement of the account;
(2) three years have elapsed from the date of such application without settlement; and
(3) no suit upon the same has been brought by the United States.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §287 (Mar. 3, 1911, ch. 231, §180,
Only the jurisdictional provisions of
Changes were made in phraseology.
Amendments
1992—
1982—
1954—Act Sept. 3, 1954, struck out "United States" from name of Court of Claims.
1953—Act July 28, 1953, substituted "United States Court of Claims" for "Court of Claims", inserted "to or from" after "due", and inserted "and to render judgment thereon,".
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Cross References
Procedure on accounts of officers, agents, or contractors, see
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "thereon,".
§1495. Damages for unjust conviction and imprisonment; claim against United States
The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim for damages by any person unjustly convicted of an offense against the United States and imprisoned.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on
Only the jurisdictional provision of
Changes were made in phraseology.
Amendments
1992—
1982—
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Cross References
Procedure on claims for damages for unjust conviction and imprisonment, see
Section Referred to in Other Sections
This section is referred to in
§1496. Disbursing officers' claims
The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim by a disbursing officer of the United States or by his administrator or executor for relief from responsibility for loss, in line of duty, of Government funds, vouchers, records or other papers in his charge.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §250(3) (Mar. 3, 1911, ch. 231, §145,
Words "paymaster, quartermaster, commissary of subsistence, or other," preceding "disbursing officer of the United States," were omitted. See Henderson v. United States, 1907, 42 Ct.Cl. 449 and Hobbs v. United States, 1881, 17 Ct.Cl. 189, holding that the term "other disbursing officer" extends to any disbursing officer of the executive departments of the Government.
Words "by capture or otherwise" were omitted as surplusage.
Words "and for which such officer was and is held responsible," at the end of
Changes were made in phraseology.
Amendments
1992—
1982—
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Cross References
Allowance of credit in settlement of disbursing officers' accounts, see
Section Referred to in Other Sections
This section is referred to in title 41 section 114.
§1497. Oyster growers' damages from dredging operations
The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim for damages to oyster growers on private or leased lands or bottoms arising from dredging operations or use of other machinery and equipment in making river and harbor improvements authorized by Act of Congress.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §250a (Aug. 30, 1935, ch. 831, §13,
The proviso at the end of
Words "river and harbor improvements" were substituted for "such improvements", in view of Dixon v. U.S., 103 Ct. Cl. 160, holding that words, "such improvements" were not limited to the specific improvements listed in the 1935 act, but applied to any river and harbor improvements.
Changes were made in phraseology.
Amendments
1992—
1982—
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Cross References
Time for filing petition by oyster growers, see
Section Referred to in Other Sections
This section is referred to in
§1498. Patent and copyright cases
(a) Whenever an invention described in and covered by a patent of the United States is used or manufactured by or for the United States without license of the owner thereof or lawful right to use or manufacture the same, the owner's remedy shall be by action against the United States in the United States Court of Federal Claims for the recovery of his reasonable and entire compensation for such use and manufacture.
For the purposes of this section, the use or manufacture of an invention described in and covered by a patent of the United States by a contractor, a subcontractor, or any person, firm, or corporation for the Government and with the authorization or consent of the Government, shall be construed as use or manufacture for the United States.
The court shall not award compensation under this section if the claim is based on the use or manufacture by or for the United States of any article owned, leased, used by, or in the possession of the United States prior to July 1, 1918.
A Government employee shall have the right to bring suit against the Government under this section except where he was in a position to order, influence, or induce use of the invention by the Government. This section shall not confer a right of action on any patentee or any assignee of such patentee with respect to any invention discovered or invented by a person while in the employment or service of the United States, where the invention was related to the official functions of the employee, in cases in which such functions included research and development, or in the making of which Government time, materials or facilities were used.
(b) Hereafter, whenever the copyright in any work protected under the copyright laws of the United States shall be infringed by the United States, by a corporation owned or controlled by the United States, or by a contractor, subcontractor, or any person, firm, or corporation acting for the Government and with the authorization or consent of the Government, the exclusive remedy of the owner of such copyright shall be by action against the United States in the Court of Federal Claims for the recovery of his reasonable and entire compensation as damages for such infringement, including the minimum statutory damages as set forth in
Except as otherwise provided by law, no recovery shall be had for any infringement of a copyright covered by this subsection committed more than three years prior to the filing of the complaint or counterclaim for infringement in the action, except that the period between the date of receipt of a written claim for compensation by the Department or agency of the Government or corporation owned or controlled by the United States, as the case may be, having authority to settle such claim and the date of mailing by the Government of a notice to the claimant that his claim has been denied shall not be counted as a part of the three years, unless suit is brought before the last-mentioned date.
(c) The provisions of this section shall not apply to any claim arising in a foreign country.
(d) Hereafter, whenever a plant variety protected by a certificate of plant variety protection under the laws of the United States shall be infringed by the United States, by a corporation owned or controlled by the United States, or by a contractor, subcontractor, or any person, firm, or corporation acting for the Government, and with the authorization and consent of the Government, the exclusive remedy of the owner of such certificate shall be by action against the United States in the Court of Federal Claims for the recovery of his reasonable and entire compensation as damages for such infringement: Provided, That a Government employee shall have a right of action against the Government under this subsection except where he was in a position to order, influence, or induce use of the protected plant variety by the Government: Provided, however, That this subsection shall not confer a right of action on any certificate owner or any assignee of such owner with respect to any protected plant variety made by a person while in the employment or service of the United States, where such variety was prepared as a part of the official functions of the employee, or in the preparation of which Government time, material, or facilities were used: And provided further, That before such action against the United States has been instituted, the appropriate corporation owned or controlled by the United States or the head of the appropriate agency of the Government, as the case may be, is authorized to enter into an agreement with the certificate owner in full settlement and compromise, for the damages accrued to him by reason of such infringement and to settle the claim administratively out of available appropriations.
(e) Subsections (b) and (c) of this section apply to exclusive rights in mask works under
(June 25, 1948, ch. 646,
Historical and Revision Notes
1948 Act
Based on
Provisions contained in the second proviso of
Changes in phraseology were made.
1949 Act
This amendment clarifies
References in Text
Hereafter, referred to in subsec. (b), probably means the date of enactment of
The copyright laws of the United States, referred to in subsec. (b), are classified generally to Title 17, Copyrights.
Hereafter, referred to in subsec. (d), probably means after the date of enactment of
Amendments
1992—Subsec. (a).
Subsecs. (b), (d).
1988—Subsec. (e).
1982—Subsec. (a).
Subsecs. (b), (d).
1976—Subsec. (b).
1970—Subsec. (d).
1960—
1952—Act July 17, 1952, allowed Government employees to maintain patent suits against the United States in certain instances.
1951—Act Oct. 31, 1951, inserted second par.
1949—Act May 29, 1949, conformed first par. of section to original law.
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Waiver of Immunity for Members of Congress
Section 2 of
Cross References
Actions for unauthorized use of patents or disclosure of information, see
Government interests in patents, see
Patented inventions incorporated in space vehicles launched by United States Government for other persons not considered use or manufacture by or for United States within subsec. (a) of this section, see
Use of patents by Tennessee Valley Authority, see
Section Referred to in Other Sections
This section is referred to in title 17 section 502; title 19 section 1337; title 22 section 2356; title 35 section 183; title 42 section 2457.
§1499. Liquidated damages withheld from contractors under Contract Work Hours and Safety Standards Act
The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim for liquidated damages withheld from a contractor or subcontractor under section 104 of the Contract Work Hours and Safety Standards Act.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on
This section contains only the jurisdictional provision in the last clause of
Changes in phraseology were made.
References in Text
Contract Work Hours and Safety Standards Act, referred to in section catchline and text, is title I of
Amendments
1992—
1990—
1982—
1962—
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1962 Amendment
Amendment by
Continued Jurisdiction Upon Claims Under Section 324 of Title 40
Section 202(b) of
Cross References
Time for filing claim, see
§1500. Pendency of claims in other courts
The United States Court of Federal Claims shall not have jurisdiction of any claim for or in respect to which the plaintiff or his assignee has pending in any other court any suit or process against the United States or any person who, at the time when the cause of action alleged in such suit or process arose, was, in respect thereto, acting or professing to act, directly or indirectly under the authority of the United States.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §260 (Mar. 3, 1911, ch. 231, §154,
Words "or in the Supreme Court on appeal therefrom" were omitted as unnecessary.
Changes were made in phraseology.
Amendments
1992—
1982—
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
§1501. Pensions
The United States Court of Federal Claims shall not have jurisdiction of any claim for a pension.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §250(1) (Mar. 3, 1911, ch. 231, §145,
Section constitutes the exception in
Changes were made in phraseology.
Amendments
1992—
1982—
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 41 section 114.
§1502. Treaty cases
Except as otherwise provided by Act of Congress, the United States Court of Federal Claims shall not have jurisdiction of any claim against the United States growing out of or dependent upon any treaty entered into with foreign nations.
(June 25, 1948, ch. 646,
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., §259 (Mar. 3, 1911, ch. 231, §153,
Phrase "Except as otherwise provided by enactment of Congress" was inserted to cover cases where special Acts confer jurisdiction. (See Sioux Tribe of Indians v. United States, 1943, 97 Ct.Cl. 613, certiorari denied 63 S.Ct. 992, 318 U.S. 789, 87 L.Ed. 1155, and In re United States, 1873, 17 Wall. 439, 443, 21 L.Ed. 696.)
Words "not pending therein on December 1, 1862," were omitted as obsolete.
Changes in phraseology were made.
1949 Act
This section, in amending
Amendments
1992—
1982—
1949—Act May 24, 1949, struck out "or with Indian tribes" after "foreign nations".
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Cross References
Jurisdiction of court over Indian claims after Aug. 13, 1946, see
Section Referred to in Other Sections
This section is referred to in title 26 section 7422.
§1503. Set-offs
The United States Court of Federal Claims shall have jurisdiction to render judgment upon any set-off or demand by the United States against any plaintiff in such court.
(June 25, 1948, ch. 646,
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §250(2) (Mar. 3, 1911, ch. 231, §145,
The second subsection of
Changes were made in phraseology.
Amendments
1992—
1982—
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Rules of the United States Court of Federal Claims
Counterclaims, see rule 13, Appendix to this title.
Section Referred to in Other Sections
This section is referred to in title 41 section 114.
[§1504. Repealed. Pub. L. 97–164, title I, §133(f), Apr. 2, 1982, 96 Stat. 41 ]
Section, act June 25, 1948, ch. 646,
Effective Date of Repeal
Repeal effective Oct. 1, 1982, see section 402 of
§1505. Indian claims
The United States Court of Federal Claims shall have jurisdiction of any claim against the United States accruing after August 13, 1946, in favor of any tribe, band, or other identifiable group of American Indians residing within the territorial limits of the United States or Alaska whenever such claim is one arising under the Constitution, laws or treaties of the United States, or Executive orders of the President, or is one which otherwise would be cognizable in the Court of Federal Claims if the claimant were not an Indian tribe, band or group.
(Added May 24, 1949, ch. 139, §89(a),
Historical and Revision Notes
1949 Act
Section 1505 is added to title 28, U.S.C., by this amendment to incorporate the act of August 13, 1946 (ch. 959, §24,
This amendatory section omits as surplusage all provisions of said section 24 except the first sentence, as being fully covered by the express provisions of sections 1503 and 2501 and other provisions of
The proviso of such section 24 is omitted as unnecessary since the provision conferring jurisdiction cannot in any view alter the relationship of the Government with its Indians.
The omitted language is as follows: "In any suit brought under the jurisdiction conferred by this section the claimant shall be entitled to recover in the same manner, to the same extent, and subject to the same conditions and limitations, and the United States shall be entitled to the same defenses, both at law and in equity, and to the same offsets, counterclaims, and demands, as in cases brought in the Court of Claims under
Amendments
1992—
1982—
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 25 sections 640d–17, 1300i–11, 1776b.
[§1506. Repealed. Pub. L. 97–164, title I, §133(h), Apr. 2, 1982, 96 Stat. 41 ]
Section, added
Effective Date of Repeal
Repeal effective Oct. 1, 1982, see section 402 of
§1507. Jurisdiction for certain declaratory judgments
The United States Court of Federal Claims shall have jurisdiction to hear any suit for and issue a declaratory judgment under section 7428 of the Internal Revenue Code of 1986.
(Added
References in Text
Section 7428 of the Internal Revenue Code of 1986, referred to in text, is classified to
Amendments
1992—
1986—
1982—
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date
Section applicable with respect to pleadings filed with the United States Tax Court, the district court of the United States for the District of Columbia, or the United States Court of Claims more than 6 months after Oct. 4, 1976, but only with respect to determinations (or requests for determinations) made after Jan. 1, 1976, see section 1306(c) of
§1508. Jurisdiction for certain partnership proceedings
The Court of Federal Claims shall have jurisdiction to hear and to render judgment upon any petition under section 6226 or 6228(a) of the Internal Revenue Code of 1986.
(Added
References in Text
Sections 6226 and 6228(a) of the Internal Revenue Code of 1986, referred to in text, are classified to
Amendments
1992—
1986—
Effective Date of 1992 Amendment
Amendment by
Effective Date
Section applicable to partnership taxable years beginning after Sept. 3, 1982, with provision for the applicability of this section to any partnership taxable year ending after Sept. 3, 1982, if the partnership, each partner, and each indirect partner requests such application and the Secretary of the Treasury or his delegate consents to such application, see section 407(a)(1), (3) of
§1509. No jurisdiction in cases involving refunds of tax shelter promoter and understatement penalties
The United States Court of Federal Claims shall not have jurisdiction to hear any action or proceeding for any refund or credit of any penalty imposed under section 6700 of the Internal Revenue Code of 1986 (relating to penalty for promoting abusive tax shelters, etc.) or section 6701 of such Code (relating to penalties for aiding and abetting understatement of tax liability).
(Added
References in Text
Sections 6700 and 6701 of the Internal Revenue Code of 1986, referred to in text, are classified to sections 6700 and 6701, respectively, of Title 26, Internal Revenue Code.
Amendments
1992—
1986—
Effective Date of 1992 Amendment
Amendment by
Effective Date
Section 714(g)(4) of
[CHAPTER 93 —REPEALED]
[§§1541 to 1546. Repealed. Pub. L. 97–164, title I, §134, Apr. 2, 1982, 96 Stat. 41 ]
Section 1541, acts June 25, 1948, ch. 646,
Section 1542, acts June 25, 1948, ch. 646,
Section 1543, acts June 25, 1948, ch. 646,
Section 1544, added
Section 1545, added
Section 1546, added
Effective Date of Repeal
Repeal effective Oct. 1, 1982, see section 402 of
CHAPTER 95 —COURT OF INTERNATIONAL TRADE
Amendments
1993—
1988—
1982—
1980—
Rules of the United States Court of International Trade
See Appendix to this title.
Cross References
Procedure in Court of International Trade, see
Chapter Referred to in Other Sections
This chapter is referred to in
§1581. Civil actions against the United States and agencies and officers thereof
(a) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to contest the denial of a protest, in whole or in part, under section 515 of the Tariff Act of 1930.
(b) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced under section 516 of the Tariff Act of 1930.
(c) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced under section 516A of the Tariff Act of 1930.
(d) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review—
(1) any final determination of the Secretary of Labor under section 223 of the Trade Act of 1974 with respect to the eligibility of workers for adjustment assistance under such Act;
(2) any final determination of the Secretary of Commerce under section 251 of the Trade Act of 1974 with respect to the eligibility of a firm for adjustment assistance under such Act; and
(3) any final determination of the Secretary of Commerce under section 271 of the Trade Act of 1974 with respect to the eligibility of a community for adjustment assistance under such Act.
(e) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review any final determination of the Secretary of the Treasury under section 305(b)(1) of the Trade Agreements Act of 1979.
(f) The Court of International Trade shall have exclusive jurisdiction of any civil action involving an application for an order directing the administering authority or the International Trade Commission to make confidential information available under section 777(c)(2) of the Tariff Act of 1930.
(g) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review—
(1) any decision of the Secretary of the Treasury to deny a customs broker's license under section 641(b)(2) or (3) of the Tariff Act of 1930, or to deny a customs broker's permit under section 641(c)(1) of such Act, or to revoke a license or permit under section 641(b)(5) or (c)(2) of such Act;
(2) any decision of the Secretary of the Treasury to revoke or suspend a customs broker's license or permit, or impose a monetary penalty in lieu thereof, under section 641(d)(2)(B) of the Tariff Act of 1930; and
(3) any decision or order of the Customs Service to deny, suspend, or revoke accreditation of a private laboratory under section 499(b) of the Tariff Act of 1930.
(h) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review, prior to the importation of the goods involved, a ruling issued by the Secretary of the Treasury, or a refusal to issue or change such a ruling, relating to classification, valuation, rate of duty, marking, restricted merchandise, entry requirements, drawbacks, vessel repairs, or similar matters, but only if the party commencing the civil action demonstrates to the court that he would be irreparably harmed unless given an opportunity to obtain judicial review prior to such importation.
(i) In addition to the jurisdiction conferred upon the Court of International Trade by subsections (a)–(h) of this section and subject to the exception set forth in subsection (j) of this section, the Court of International Trade shall have exclusive jurisdiction of any civil action commenced against the United States, its agencies, or its officers, that arises out of any law of the United States providing for—
(1) revenue from imports or tonnage;
(2) tariffs, duties, fees, or other taxes on the importation of merchandise for reasons other than the raising of revenue;
(3) embargoes or other quantitative restrictions on the importation of merchandise for reasons other than the protection of the public health or safety; or
(4) administration and enforcement with respect to the matters referred to in paragraphs (1)–(3) of this subsection and subsections (a)–(h) of this section.
This subsection shall not confer jurisdiction over an antidumping or countervailing duty determination which is reviewable either by the Court of International Trade under section 516A(a) of the Tariff Act of 1930 or by a binational panel under article 1904 of the North American Free Trade Agreement or the United States-Canada Free-Trade Agreement and section 516A(g) of the Tariff Act of 1930.
(j) The Court of International Trade shall not have jurisdiction of any civil action arising under section 305 of the Tariff Act of 1930.
(Added
Prior History of Court
The United States Customs Court, the predecessor of the Court of International Trade, was omitted in the general revision of this chapter by
The predecessor of the United States Customs Court was the Board of General Appraisers which was created by the Customs Administrative Act of June 10, 1890. The Board was under the administrative supervision of the Secretary of the Treasury.
From 1890 to 1926, the Board of General Appraisers had jurisdiction over all protests from decisions of the collectors of customs and appeals for reappraisement under sections 13 and 14 of the Customs Administrative Act of June 10, 1890, ch. 407,
The Customs Court was established by act May 28, 1926, ch. 411, §§1, 2,
References in Text
Section 515 of the Tariff Act of 1930, referred to in subsec. (a), is classified to
Section 516 of the Tariff Act of 1930, referred to in subsec. (b), is classified to
Section 516A of the Tariff Act of 1930, referred to in subsecs. (c) and (i), is classified to
The Trade Act of 1974, referred to in subsec. (d)(1) to (3), is
Section 305(b)(1) of the Trade Agreements Act of 1979, referred to in subsec. (e), is classified to
Section 777(c)(2) of the Tariff Act of 1930, referred to in subsec. (f), is classified to
Section 641 of the Tariff Act of 1930, referred to in subsec. (g)(1), (2), is classified to
Section 499(b) of the Tariff Act of 1930, referred to in subsec. (g)(3), is classified to
Section 305 of the Tariff Act of 1930, referred to in subsec. (j), is classified to
Prior Provisions
A prior section 1581, act June 25, 1948, ch. 646,
Amendments
1993—Subsec. (g)(3).
Subsec. (i).
1988—Subsec. (i).
1986—Subsec. (g)(1).
1984—Subsec. (g)(1).
Subsec. (g)(2).
Effective Date of 1993 Amendment
Amendment by section 414(a)(1) of
Effective and Termination Dates of 1988 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date
Chapter effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of
Subsecs. (d) and (g) to (i) of this section applicable with respect to civil actions commenced on or after Nov. 1, 1980, see section 701(b)(1)(A) of
Application of 1993 Amendment
Section 684(b) of
Effect of Termination of NAFTA Country Status
For provisions relating to effect of termination of NAFTA country status on sections 401 to 416 of
Cross References
Additional duties for failure to mark article or container of foreign origin, see
Appeals—
By American manufacturers, producers, or wholesalers on value of classification, see
Decisions of Court of International Trade, see
Procedure on appeal, see
Protests from determination of appropriate customs officer under Anti-Dumping Law, see
Finality of decision of Court of International Trade, see
Liability of consignee for additional or increased duties, see
Section Referred to in Other Sections
This section is referred to in
§1582. Civil actions commenced by the United States
The Court of International Trade shall have exclusive jurisdiction of any civil action which arises out of an import transaction and which is commenced by the United States—
(1) to recover a civil penalty under section 592, 593A, 641(b)(6), 641(d)(2)(A), 704(i)(2), or 734(i)(2) of the Tariff Act of 1930;
(2) to recover upon a bond relating to the importation of merchandise required by the laws of the United States or by the Secretary of the Treasury; or
(3) to recover customs duties.
(Added
References in Text
Sections 592, 593A, 641(b)(6), 641(d)(2)(A), 704(i)(2), and 734(i)(2) of the Tariff Act of 1930, referred to in par. (1), are classified to sections 1592, 1593a, 1641(b)(6), 1641(d)(2)(A), 1671c(i)(2), and 1673c(i)(2), respectively, of Title 19, Customs Duties.
Prior Provisions
A prior section 1582, acts June 25, 1948, ch. 646,
Amendments
1993—Par. (1).
1986—Par. (1).
1984—Par. (1).
Effective Date of 1984 Amendment
Amendment by
Effective Date
Section applicable with respect to civil actions commenced on or after the 90th day after Nov. 1, 1980, see section 701(c)(1)(A) of
Section Referred to in Other Sections
This section is referred to in
§1583. Counterclaims, cross-claims, and third-party actions
In any civil action in the Court of International Trade, the court shall have exclusive jurisdiction to render judgment upon any counterclaim, cross-claim, or third-party action of any party, if (1) such claim or action involves the imported merchandise that is the subject matter of such civil action, or (2) such claim or action is to recover upon a bond or customs duties relating to such merchandise.
(Added
Prior Provisions
A prior section 1583, act June 25, 1948, ch. 646,
Effective Date
Section applicable with respect to civil actions commenced on or after Nov. 1, 1980, see section 701(b)(1)(A) of
Section Referred to in Other Sections
This section is referred to in
§1584. Civil actions under the North American Free Trade Agreement or the United States-Canada Free-Trade Agreement
The United States Court of International Trade shall have exclusive jurisdiction of any civil action which arises under section 777(f) of the Tariff Act of 1930 and is commenced by the United States to enforce administrative sanctions levied for violation of a protective order or an undertaking.
(Added
References in Text
Section 777(f) of the Tariff Act of 1930, referred to in text, is classified to
Prior Provisions
A prior section 1584, added
Amendments
1993—
Effective Date of 1993 Amendment
Amendment by
Effective and Termination Dates
Section effective on date United States-Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to have effect on date Agreement ceases to be in force, see section 501(a), (c) of
Effect of Termination of NAFTA Country Status
For provisions relating to effect of termination of NAFTA country status on sections 401 to 416 of
§1585. Powers in law and equity
The Court of International Trade shall possess all the powers in law and equity of, or as conferred by statute upon, a district court of the United States.
(Added
Cross References
Power of court to issue writs, see
Protests from determinations of appropriate customs officer under Anti-Dumping Law, jurisdiction of Court of International Trade, see
Punishment for contempt, see
CHAPTER 97 —JURISDICTIONAL IMMUNITIES OF FOREIGN STATES
1 So in original. Does not conform to section catchline.
§1602. Findings and declaration of purpose
The Congress finds that the determination by United States courts of the claims of foreign states to immunity from the jurisdiction of such courts would serve the interests of justice and would protect the rights of both foreign states and litigants in United States courts. Under international law, states are not immune from the jurisdiction of foreign courts insofar as their commercial activities are concerned, and their commercial property may be levied upon for the satisfaction of judgments rendered against them in connection with their commercial activities. Claims of foreign states to immunity should henceforth be decided by courts of the United States and of the States in conformity with the principles set forth in this chapter.
(Added
Effective Date
Section 8 of
Short Title
For short title of
Separability
Section 7 of
§1603. Definitions
For purposes of this chapter—
(a) A "foreign state", except as used in
(b) An "agency or instrumentality of a foreign state" means any entity—
(1) which is a separate legal person, corporate or otherwise, and
(2) which is an organ of a foreign state or political subdivision thereof, or a majority of whose shares or other ownership interest is owned by a foreign state or political subdivision thereof, and
(3) which is neither a citizen of a State of the United States as defined in section 1332 (c) and (d) of this title, nor created under the laws of any third country.
(c) The "United States" includes all territory and waters, continental or insular, subject to the jurisdiction of the United States.
(d) A "commercial activity" means either a regular course of commercial conduct or a particular commercial transaction or act. The commercial character of an activity shall be determined by reference to the nature of the course of conduct or particular transaction or act, rather than by reference to its purpose.
(e) A "commercial activity carried on in the United States by a foreign state" means commercial activity carried on by such state and having substantial contact with the United States.
(Added
Section Referred to in Other Sections
This section is referred to in
§1604. Immunity of a foreign state from jurisdiction
Subject to existing international agreements to which the United States is a party at the time of enactment of this Act a foreign state shall be immune from the jurisdiction of the courts of the United States and of the States except as provided in
(Added
References in Text
The time of enactment of this Act, referred to in text, probably means the time of enactment of
§1605. General exceptions to the jurisdictional immunity of a foreign state
(a) A foreign state shall not be immune from the jurisdiction of courts of the United States or of the States in any case—
(1) in which the foreign state has waived its immunity either explicitly or by implication, notwithstanding any withdrawal of the waiver which the foreign state may purport to effect except in accordance with the terms of the waiver;
(2) in which the action is based upon a commercial activity carried on in the United States by the foreign state; or upon an act performed in the United States in connection with a commercial activity of the foreign state elsewhere; or upon an act outside the territory of the United States in connection with a commercial activity of the foreign state elsewhere and that act causes a direct effect in the United States;
(3) in which rights in property taken in violation of international law are in issue and that property or any property exchanged for such property is present in the United States in connection with a commercial activity carried on in the United States by the foreign state; or that property or any property exchanged for such property is owned or operated by an agency or instrumentality of the foreign state and that agency or instrumentality is engaged in a commercial activity in the United States;
(4) in which rights in property in the United States acquired by succession or gift or rights in immovable property situated in the United States are in issue;
(5) not otherwise encompassed in paragraph (2) above, in which money damages are sought against a foreign state for personal injury or death, or damage to or loss of property, occurring in the United States and caused by the tortious act or omission of that foreign state or of any official or employee of that foreign state while acting within the scope of his office or employment; except this paragraph shall not apply to—
(A) any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function regardless of whether the discretion be abused, or
(B) any claim arising out of malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights; or
(6) in which the action is brought, either to enforce an agreement made by the foreign state with or for the benefit of a private party to submit to arbitration all or any differences which have arisen or which may arise between the parties with respect to a defined legal relationship, whether contractual or not, concerning a subject matter capable of settlement by arbitration under the laws of the United States, or to confirm an award made pursuant to such an agreement to arbitrate, if (A) the arbitration takes place or is intended to take place in the United States, (B) the agreement or award is or may be governed by a treaty or other international agreement in force for the United States calling for the recognition and enforcement of arbitral awards, (C) the underlying claim, save for the agreement to arbitrate, could have been brought in a United States court under this section or section 1607, or (D) paragraph (1) of this subsection is otherwise applicable.
(b) A foreign state shall not be immune from the jurisdiction of the courts of the United States in any case in which a suit in admiralty is brought to enforce a maritime lien against a vessel or cargo of the foreign state, which maritime lien is based upon a commercial activity of the foreign state: Provided, That—
(1) notice of the suit is given by delivery of a copy of the summons and of the complaint to the person, or his agent, having possession of the vessel or cargo against which the maritime lien is asserted; and if the vessel or cargo is arrested pursuant to process obtained on behalf of the party bringing the suit, the service of process of arrest shall be deemed to constitute valid delivery of such notice, but the party bringing the suit shall be liable for any damages sustained by the foreign state as a result of the arrest if the party bringing the suit had actual or constructive knowledge that the vessel or cargo of a foreign state was involved; and
(2) notice to the foreign state of the commencement of suit as provided in
(c) Whenever notice is delivered under subsection (b)(1), the suit to enforce a maritime lien shall thereafter proceed and shall be heard and determined according to the principles of law and rules of practice of suits in rem whenever it appears that, had the vessel been privately owned and possessed, a suit in rem might have been maintained. A decree against the foreign state may include costs of the suit and, if the decree is for a money judgment, interest as ordered by the court, except that the court may not award judgment against the foreign state in an amount greater than the value of the vessel or cargo upon which the maritime lien arose. Such value shall be determined as of the time notice is served under subsection (b)(1). Decrees shall be subject to appeal and revision as provided in other cases of admiralty and maritime jurisdiction. Nothing shall preclude the plaintiff in any proper case from seeking relief in personam in the same action brought to enforce a maritime lien as provided in this section.
(d) A foreign state shall not be immune from the jurisdiction of the courts of the United States in any action brought to foreclose a preferred mortgage, as defined in the Ship Mortgage Act, 1920 (
(Added
References in Text
The Ship Mortgage Act, 1920, referred to in subsec. (d), is section 30 of act June 5, 1920, ch. 250,
Amendments
1990—Subsec. (a)(6).
1988—Subsec. (a)(6).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(2).
Subsecs. (c), (d).
Effective Date of 1988 Amendment
Section 3 of
Section Referred to in Other Sections
This section is referred to in
§1606. Extent of liability
As to any claim for relief with respect to which a foreign state is not entitled to immunity under
(Added
Section Referred to in Other Sections
This section is referred to in
§1607. Counterclaims
In any action brought by a foreign state, or in which a foreign state intervenes, in a court of the United States or of a State, the foreign state shall not be accorded immunity with respect to any counterclaim—
(a) for which a foreign state would not be entitled to immunity under
(b) arising out of the transaction or occurrence that is the subject matter of the claim of the foreign state; or
(c) to the extent that the counterclaim does not seek relief exceeding in amount or differing in kind from that sought by the foreign state.
(Added
Section Referred to in Other Sections
This section is referred to in
§1608. Service; time to answer; default
(a) Service in the courts of the United States and of the States shall be made upon a foreign state or political subdivision of a foreign state:
(1) by delivery of a copy of the summons and complaint in accordance with any special arrangement for service between the plaintiff and the foreign state or political subdivision; or
(2) if no special arrangement exists, by delivery of a copy of the summons and complaint in accordance with an applicable international convention on service of judicial documents; or
(3) if service cannot be made under paragraphs (1) or (2), by sending a copy of the summons and complaint and a notice of suit, together with a translation of each into the official language of the foreign state, by any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the head of the ministry of foreign affairs of the foreign state concerned, or
(4) if service cannot be made within 30 days under paragraph (3), by sending two copies of the summons and complaint and a notice of suit, together with a translation of each into the official language of the foreign state, by any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the Secretary of State in Washington, District of Columbia, to the attention of the Director of Special Consular Services—and the Secretary shall transmit one copy of the papers through diplomatic channels to the foreign state and shall send to the clerk of the court a certified copy of the diplomatic note indicating when the papers were transmitted.
As used in this subsection, a "notice of suit" shall mean a notice addressed to a foreign state and in a form prescribed by the Secretary of State by regulation.
(b) Service in the courts of the United States and of the States shall be made upon an agency or instrumentality of a foreign state:
(1) by delivery of a copy of the summons and complaint in accordance with any special arrangement for service between the plaintiff and the agency or instrumentality; or
(2) if no special arrangement exists, by delivery of a copy of the summons and complaint either to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process in the United States; or in accordance with an applicable international convention on service of judicial documents; or
(3) if service cannot be made under paragraphs (1) or (2), and if reasonably calculated to give actual notice, by delivery of a copy of the summons and complaint, together with a translation of each into the official language of the foreign state—
(A) as directed by an authority of the foreign state or political subdivision in response to a letter rogatory or request or
(B) by any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the agency or instrumentality to be served, or
(C) as directed by order of the court consistent with the law of the place where service is to be made.
(c) Service shall be deemed to have been made—
(1) in the case of service under subsection (a)(4), as of the date of transmittal indicated in the certified copy of the diplomatic note; and
(2) in any other case under this section, as of the date of receipt indicated in the certification, signed and returned postal receipt, or other proof of service applicable to the method of service employed.
(d) In any action brought in a court of the United States or of a State, a foreign state, a political subdivision thereof, or an agency or instrumentality of a foreign state shall serve an answer or other responsive pleading to the complaint within sixty days after service has been made under this section.
(e) No judgment by default shall be entered by a court of the United States or of a State against a foreign state, a political subdivision thereof, or an agency or instrumentality of a foreign state, unless the claimant establishes his claim or right to relief by evidence satisfactory to the court. A copy of any such default judgment shall be sent to the foreign state or political subdivision in the manner prescribed for service in this section.
(Added
Section Referred to in Other Sections
This section is referred to in
§1609. Immunity from attachment and execution of property of a foreign state
Subject to existing international agreements to which the United States is a party at the time of enactment of this Act the property in the United States of a foreign state shall be immune from attachment arrest and execution except as provided in
(Added
References in Text
The time of enactment of this Act, referred to in text, probably means the time of enactment of
§1610. Exceptions to the immunity from attachment or execution
(a) The property in the United States of a foreign state, as defined in
(1) the foreign state has waived its immunity from attachment in aid of execution or from execution either explicitly or by implication, notwithstanding any withdrawal of the waiver the foreign state may purport to effect except in accordance with the terms of the waiver, or
(2) the property is or was used for the commercial activity upon which the claim is based, or
(3) the execution relates to a judgment establishing rights in property which has been taken in violation of international law or which has been exchanged for property taken in violation of international law, or
(4) the execution relates to a judgment establishing rights in property—
(A) which is acquired by succession or gift, or
(B) which is immovable and situated in the United States: Provided, That such property is not used for purposes of maintaining a diplomatic or consular mission or the residence of the Chief of such mission, or
(5) the property consists of any contractual obligation or any proceeds from such a contractual obligation to indemnify or hold harmless the foreign state or its employees under a policy of automobile or other liability or casualty insurance covering the claim which merged into the judgment, or
(6) the judgment is based on an order confirming an arbitral award rendered against the foreign state, provided that attachment in aid of execution, or execution, would not be inconsistent with any provision in the arbitral agreement.
(b) In addition to subsection (a), any property in the United States of an agency or instrumentality of a foreign state engaged in commercial activity in the United States shall not be immune from attachment in aid of execution, or from execution, upon a judgment entered by a court of the United States or of a State after the effective date of this Act, if—
(1) the agency or instrumentality has waived its immunity from attachment in aid of execution or from execution either explicitly or implicitly, notwithstanding any withdrawal of the waiver the agency or instrumentality may purport to effect except in accordance with the terms of the waiver, or
(2) the judgment relates to a claim for which the agency or instrumentality is not immune by virtue of
(c) No attachment or execution referred to in subsections (a) and (b) of this section shall be permitted until the court has ordered such attachment and execution after having determined that a reasonable period of time has elapsed following the entry of judgment and the giving of any notice required under
(d) The property of a foreign state, as defined in
(1) the foreign state has explicitly waived its immunity from attachment prior to judgment, notwithstanding any withdrawal of the waiver the foreign state may purport to effect except in accordance with the terms of the waiver, and
(2) the purpose of the attachment is to secure satisfaction of a judgment that has been or may ultimately be entered against the foreign state, and not to obtain jurisdiction.
(e) The vessels of a foreign state shall not be immune from arrest in rem, interlocutory sale, and execution in actions brought to foreclose a preferred mortgage as provided in section 1605(d).
(Added
References in Text
The effective date of this Act, referred to in subsecs. (a) and (b), is 90 days after Oct. 21, 1976, see section 8 of
Amendments
1990—Subsecs. (a)(6), (e).
1988—Subsec. (a)(6).
Subsec. (e).
Effective Date of 1988 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§1611. Certain types of property immune from execution
(a) Notwithstanding the provisions of
(b) Notwithstanding the provisions of
(1) the property is that of a foreign central bank or monetary authority held for its own account, unless such bank or authority, or its parent foreign government, has explicitly waived its immunity from attachment in aid of execution, or from execution, notwithstanding any withdrawal of the waiver which the bank, authority or government may purport to effect except in accordance with the terms of the waiver; or
(2) the property is, or is intended to be, used in connection with a military activity and
(A) is of a military character, or
(B) is under the control of a military authority or defense agency.
(Added
References in Text
The International Organizations Immunities Act, referred to in subsec. (a), is title I of act Dec. 29, 1945, ch. 652,
Section Referred to in Other Sections
This section is referred to in
CHAPTER 99 —GENERAL PROVISIONS
§1631. Transfer to cure want of jurisdiction
Whenever a civil action is filed in a court as defined in
(Added
Effective Date
Section effective Oct. 1, 1982, see section 402 of
Section Referred to in Other Sections
This section is referred to in