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CHAPTER 83—COURTS OF Words ‘‘Fifth. In the United States Court for China, in all cases’’ in said section 225(a) were omitted. (See Sec. reviser’s note under section 411 of this title.) 1291. Final decisions of district courts. provisions of section 1356 of title 48, U.S.C., 1292. Interlocutory decisions. 1940 ed., are incorporated in section 1295 of this title. [1293. Repealed.] Section 61 of title 7 of the Canal Zone Code is also in- 1294. Circuits in which decisions reviewable. 1295. of the United States Court of Ap- corporated in sections 1291 and 1295 of this title. peals for the Federal Circuit. In addition to the jurisdiction conferred by this chap- 1296. Review of certain agency actions. ter, the courts of appeals also have appellate jurisdic- tion in proceedings under Title 11, Bankruptcy, and ju- AMENDMENTS risdiction to review: 1996—Pub. L. 104–331, § 3(a)(2), Oct. 26, 1996, 110 Stat. (1) Orders of the Secretary of the Treasury denying 4069, added item 1296. an application for, suspending, revoking, or annulling a 1984—Pub. L. 98–620, title IV, § 402(29)(C), Nov. 8, 1984, basic permit under chapter 8 of title 27; 98 Stat. 3359, struck out item 1296 ‘‘Precedence of cases (2) Orders of the Interstate Commerce Commission, in the United States Court of Appeals for the Federal the Federal Communications Commission, the Civil Circuit’’. Aeronautics Board, the Board of Governors of the Fed- 1982—Pub. L. 97–164, title I, § 127(b), Apr. 2, 1982, 96 eral Reserve System and the Federal Trade Commis- Stat. 39, added items 1295 and 1296. sion, based on violations of the antitrust laws or unfair 1978—Pub. L. 95–598, title II, § 236(b), Nov. 6, 1978, 92 or deceptive acts, methods, or practices in commerce; Stat. 2667, directed the addition of item 1293, ‘‘Bank- (3) Orders of the Secretary of the Army under sec- ruptcy appeals’’, which amendment did not become ef- tions 504, 505 and 516 of title 33, U.S.C., 1940 ed., Naviga- fective pursuant to section 402(b) of Pub. L. 95–598, as tion and Navigable Waters; amended, set out as an Effective Date note preceding (4) Orders of the Civil Aeronautics Board under chap- section 101 of Title 11, Bankruptcy. ter 9 of title 49, except orders as to foreign air carriers 1961—Pub. L. 87–189, § 4, Aug. 30, 1961, 75 Stat. 417, which are subject to the President’s approval; struck out item 1293 ‘‘Final decisions of Puerto Rico (5) Orders under chapter 1 of title 7, refusing to des- and Hawaii Supreme Courts’’. ignate boards of trade as contract markets or suspend- ing or revoking such designations, or excluding persons § 1291. Final decisions of district courts from trading in contract markets; (6) Orders of the Federal Power Commission under The courts of appeals (other than the United chapter 12 of title 16; States Court of Appeals for the Federal Circuit) (7) Orders of the Federal Security Administrator shall have jurisdiction of appeals from all final under section 371(e) of title 21, in a case of actual con- decisions of the district courts of the United troversy as to the validity of any such order, by any States, the United States District Court for the person adversely affected thereby; District of the Canal Zone, the District Court of (8) Orders of the Federal Power Commission under Guam, and the District Court of the Virgin Is- chapter 15B of title 15; lands, except where a direct review may be had (9) Final orders of the National Labor Relations Board; in the Supreme Court. The jurisdiction of the (10) Cease and desist orders under section 193 of title United States Court of Appeals for the Federal 7; Circuit shall be limited to the jurisdiction de- (11) Orders of the Securities and Exchange Commis- scribed in sections 1292(c) and (d) and 1295 of this sion; title. (12) Orders to cease and desist from violating section 1599 of title 7; (June 25, 1948, ch. 646, 62 Stat. 929; Oct. 31, 1951, (13) Wage orders of the Administrator of the Wage ch. 655, § 48, 65 Stat. 726; Pub. L. 85–508, § 12(e), and Hour Division of the Department of Labor under July 7, 1958, 72 Stat. 348; Pub. L. 97–164, title I, section 208 of title 29; § 124, Apr. 2, 1982, 96 Stat. 36.) (14) Orders under sections 81r and 1641 of title 19, U.S.C., 1940 ed., Customs Duties. HISTORICAL AND REVISION NOTES The courts of appeals also have jurisdiction to en- Based on title 28, U.S.C., 1940 ed., §§ 225(a), 933(a)(1), force: and section 1356 of title 48, U.S.C., 1940 ed., Territories (1) Orders of the Interstate Commerce Commission, and Insular Possessions, and sections 61 and 62 of title the Federal Communications Commission, the Civil 7 of the Canal Zone Code (Mar. 3, 1911, ch. 231, § 128, 36 Aeronautics Board, the Board of Governors of the Fed- Stat. 1133; Aug. 24, 1912, ch. 390, § 9, 37 Stat. 566; Jan. 28, eral Reserve System, and the Federal Trade Commis- 1915, ch. 22, § 2, 38 Stat. 804; Feb. 7, 1925, ch. 150, 43 Stat. sion, based on violations of the antitrust laws or unfair 813; Sept. 21, 1922, ch. 370, § 3, 42 Stat. 1006; Feb. 13, 1925, or deceptive acts, methods, or practices in commerce; ch. 229, § 1, 43 Stat. 936; Jan. 31, 1928, ch. 14, § 1, 45 Stat. (2) Final orders of the National Labor Relations 54; May 17, 1932, ch. 190, 47 Stat. 158; Feb. 16, 1933, ch. Board; 91, § 3, 47 Stat. 817; May 31, 1935, ch. 160, 49 Stat. 313; (3) Orders to cease and desist from violating section June 20, 1938, ch. 526, 52 Stat. 779; Aug. 2, 1946, ch. 753, 1599 of title 7. § 412(a)(1), 60 Stat. 844). The Court of Appeals for the District of Columbia This section rephrases and simplifies paragraphs also has jurisdiction to review orders of the Post Office ‘‘First’’, ‘‘Second’’, and ‘‘Third’’ of section 225(a) of Department under section 576 of title 39 relating to dis- title 28, U.S.C., 1940 ed., which referred to each Terri- criminations in sending second-class publications by tory and Possession separately, and to sections 61 and freight; Maritime Commission orders denying transfer 62 of the Canal Zone Code, section 933(a)(1) of said title to foreign registry of vessels under subsidy contract; relating to jurisdiction of appeals in tort claims cases, sugar allotment orders; decisions of the Federal Com- and the provisions of section 1356 of title 48, U.S.C., 1940 munications Commission granting or refusing applica- ed., relating to jurisdiction of appeals from final judg- tions for construction permits for radio stations, or for ments of the district court for the Canal Zone. radio station licenses, or for renewal or modification of The district courts for the districts of Hawaii and radio station licenses, or suspending any radio opera- Puerto Rico are embraced in the term ‘‘district courts tor’s license. of the United States.’’ (See definitive section 451 of this Changes were made in phraseology. title.) AMENDMENTS Paragraph ‘‘Fourth’’ of section 225(a) of title 28, U.S.C., 1940 ed., is incorporated in section 1293 of this 1982—Pub. L. 97–164, § 124, inserted ‘‘(other than the title. United States Court of Appeals for the Federal Cir-

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cuit)’’ after ‘‘The court of appeals’’ and inserted provi- application is made to it within ten days after sion that the jurisdiction of the United States Court of the entry of the order: Provided, however, That Appeals for the Federal Circuit shall be limited to the application for an hereunder shall not jurisdiction described in sections 1292(c) and (d) and stay proceedings in the district court unless the 1295 of this title. 1958—Pub. L. 85–508 struck out provisions which gave district judge or the Court of Appeals or a judge courts of appeals jurisdiction of appeals from District thereof shall so order. Court for Territory of Alaska. See section 81A of this (c) The United States Court of Appeals for the title which establishes a United States District Court Federal Circuit shall have exclusive jurisdic- for the State of Alaska. tion— 1951—Act Oct. 31, 1951, inserted reference to District (1) of an appeal from an interlocutory order Court of Guam. or decree described in subsection (a) or (b) of EFFECTIVE DATE OF 1982 AMENDMENT this section in any case over which the court would have jurisdiction of an appeal under sec- Amendment by Pub. L. 97–164 effective Oct. 1, 1982, tion 1295 of this title; and see section 402 of Pub. L. 97–164, set out as a note under (2) of an appeal from a in a civil section 171 of this title. action for patent infringement which would EFFECTIVE DATE OF 1958 AMENDMENT otherwise be appealable to the United States Amendment by Pub. L. 85–508 effective Jan. 3, 1959, on Court of Appeals for the Federal Circuit and is admission of Alaska into the Union pursuant to Proc. final except for an accounting. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c.16 as required (d)(1) When the chief judge of the Court of by sections 1 and 8(c) of Pub. L. 85–508, see notes set out International Trade issues an order under the under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions. provisions of section 256(b) of this title, or when any judge of the Court of International Trade, in TERMINATION OF UNITED STATES DISTRICT COURT FOR issuing any other interlocutory order, includes THE DISTRICT OF THE CANAL ZONE in the order a statement that a controlling ques- For termination of the United States District Court tion of law is involved with respect to which for the District of the Canal Zone at end of the ‘‘transi- there is a substantial ground for difference of tion period’’, being the 30-month period beginning Oct. opinion and that an immediate appeal from that 1, 1979, and ending midnight Mar. 31, 1982, see Para- order may materially advance the ultimate ter- graph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96–70, mination of the litigation, the United States title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to Court of Appeals for the Federal Circuit may, in sections 3831 and 3841 to 3843, respectively, of Title 22, its discretion, permit an appeal to be taken from Foreign Relations and Intercourse. such order, if application is made to that Court within ten days after the entry of such order. § 1292. Interlocutory decisions (2) When the chief judge of the United States (a) Except as provided in subsections (c) and Court of Federal Claims issues an order under (d) of this section, the courts of appeals shall section 798(b) of this title, or when any judge of have jurisdiction of appeals from: the United States Court of Federal Claims, in is- (1) Interlocutory orders of the district courts suing an interlocutory order, includes in the of the United States, the United States Dis- order a statement that a controlling question of trict Court for the District of the Canal Zone, law is involved with respect to which there is a the District Court of Guam, and the District substantial ground for difference of opinion and Court of the Virgin Islands, or of the judges that an immediate appeal from that order may thereof, granting, continuing, modifying, re- materially advance the ultimate termination of fusing or dissolving , or refusing to the litigation, the United States Court of Ap- dissolve or modify injunctions, except where a peals for the Federal Circuit may, in its discre- direct review may be had in the Supreme tion, permit an appeal to be taken from such Court; order, if application is made to that Court with- (2) Interlocutory orders appointing receiv- in ten days after the entry of such order. ers, or refusing orders to wind up receiverships (3) Neither the application for nor the grant- or to take steps to accomplish the purposes ing of an appeal under this subsection shall stay thereof, such as directing sales or other dis- proceedings in the Court of International Trade posals of property; or in the Court of Federal Claims, as the case (3) Interlocutory decrees of such district may be, unless a stay is ordered by a judge of courts or the judges thereof determining the the Court of International Trade or of the Court rights and liabilities of the parties to admi- of Federal Claims or by the United States Court ralty cases in which appeals from final decrees of Appeals for the Federal Circuit or a judge of are allowed. that court. (4)(A) The United States Court of Appeals for (b) When a district judge, in making in a civil the Federal Circuit shall have exclusive jurisdic- action an order not otherwise appealable under tion of an appeal from an interlocutory order of this section, shall be of the opinion that such a district court of the United States, the Dis- order involves a controlling question of law as trict Court of Guam, the District Court of the to which there is substantial ground for dif- Virgin Islands, or the District Court for the ference of opinion and that an immediate appeal Northern Mariana Islands, granting or denying, from the order may materially advance the ulti- in whole or in part, a to transfer an ac- mate termination of the litigation, he shall so tion to the United States Court of Federal state in writing in such order. The Court of Ap- Claims under section 1631 of this title. peals which would have jurisdiction of an appeal (B) When a motion to transfer an action to the of such action may thereupon, in its discretion, Court of Federal Claims is filed in a district permit an appeal to be taken from such order, if court, no further proceedings shall be taken in

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the district court until 60 days after the court were omitted as superseded by Rule 73 of the Federal has ruled upon the motion. If an appeal is taken Rules of Civil Procedure. from the district court’s grant or denial of the The district courts for the districts of Hawaii and Puerto Rico are embraced in the term ‘‘district courts motion, proceedings shall be further stayed of the United States.’’ (See definitive section 451 of this until the appeal has been decided by the Court title.) Consequently the specific reference in section 225 of Appeals for the Federal Circuit. The stay of of title 28, U.S.C., 1940 ed., to ‘‘the United States dis- proceedings in the district court shall not bar trict courts for Hawaii’’ was omitted. the granting of preliminary or injunctive relief, The District Court for the District of Puerto Rico is where appropriate and where expedition is rea- not enumerated in section 225(b) of title 28, U.S.C., 1940 ed., nevertheless subsection (2) of the revised section sonably necessary. However, during the period does not except such court. Thus in conformity with in which proceedings are stayed as provided in the last sentence of section 864, title 48, U.S.C., 1940 ed. this subparagraph, no transfer to the Court of For distribution of said section 864, see Distribution Federal Claims pursuant to the motion shall be Table. carried out. Section 61 of title 7 of the Canal Zone Code is also in- (e) The Supreme Court may prescribe rules, in corporated in sections 1291 and 1294 of this title. accordance with section 2072 of this title, to pro- AMENDMENTS vide for an appeal of an interlocutory decision 1992—Subsec. (d)(2). Pub. L. 102–572, §§ 902(b)(1), 906(c), to the courts of appeals that is not otherwise substituted ‘‘When the chief judge of the United States provided for under subsection (a), (b), (c), or (d). Court of Federal Claims issues an order under section (June 25, 1948, ch. 646, 62 Stat. 929; Oct. 31, 1951, 798(b) of this title, or when any judge of the United ch. 655, § 49, 65 Stat. 726; Pub. L. 85–508, § 12(e), States Court of Federal Claims’’ for ‘‘When any judge of the United States Claims Court’’. July 7, 1958, 72 Stat. 348; Pub. L. 85–919, Sept. 2, Subsec. (d)(3). Pub. L. 102–572, § 902(b)(2), substituted 1958, 72 Stat. 1770; Pub. L. 97–164, § 125, Apr. 2, ‘‘Court of Federal Claims’’ for ‘‘Claims Court’’ in two 1982, 96 Stat. 36; Pub. L. 98–620, title IV, § 412, places. Nov. 8, 1984, 98 Stat. 3362; Pub. L. 100–702, title V, Subsec. (d)(4). Pub. L. 102–572, § 902(b), substituted § 501, Nov. 19, 1988, 102 Stat. 4652; Pub. L. 102–572, ‘‘United States Court of Federal Claims’’ for ‘‘United title I, § 101, title IX, §§ 902(b), 906(c), Oct. 29, 1992, States Claims Court’’ in subpar. (A) and ‘‘Court of Fed- 106 Stat. 4506, 4516, 4518.) eral Claims’’ for ‘‘Claims Court’’ in two places in sub- par. (B). HISTORICAL AND REVISION NOTES Subsec. (e). Pub. L. 102–572, § 101, added subsec. (e). 1988—Subsec. (d)(4). Pub. L. 100–702 added par. (4). Based on title 28, U.S.C., 1940 ed., §§ 225(b), 227, 227a, 1984—Subsec. (b). Pub. L. 98–620, § 412(a), inserted and section 61 of title 7 of the Canal Zone Code (Mar. ‘‘which would have jurisdiction of an appeal of such ac- 3, 1911, ch. 231, §§ 128, 129, 36 Stat. 1133, 1134; Feb. 13, 1925, tion’’ after ‘‘The Court of Appeals’’. ch. 229, § 1, 43 Stat. 937; Feb. 28, 1927, ch. 228, 44 Stat. Subsec. (c)(1). Pub. L. 98–620, § 412(b), inserted ‘‘or (b)’’ 1261; Apr. 3, 1926, ch. 102, 44 Stat. 233; May 20, 1926, ch. after ‘‘(a)’’. 347, § 13(a), 44 Stat. 587; Apr. 11, 1928, ch. 354, § 1, 45 Stat. 1982—Subsec. (a). Pub. L. 97–164, § 125(a)(1), sub- 422; May 17, 1932, ch. 190, 47 Stat. 158). stituted ‘‘Except as provided in subsections (c) and (d) Section consolidates sections 225(b), 227 and part of of this section, the courts’’ for ‘‘The courts’’ in intro- 227a of title 28, U.S.C., 1940 ed., with necessary changes ductory provisions. in phraseology to effect the consolidation. Subsec. (a)(4). Pub. L. 97–164, § 125(a)(2), (3), struck out The second paragraph of section 225(b) of title 28, par. (4) which related to judgments in civil actions for U.S.C., 1940 ed., relating to review of decisions of the patent infringement which were final except for ac- district courts, under section 9 of the Railway Labor counting. Act (section 159 of title 45), was omitted as covered by Subsecs. (c), (d). Pub. L. 97–164, § 125(b), added subsecs. section 1291 of this title. (c) and (d). Words in section 227 of title 28, U.S.C., 1940 ed., ‘‘or 1958—Pub. L. 85–919 designated existing provisions as decree,’’ after ‘‘interlocutory order,’’ were deleted, in subsec. (a) and added subsec. (b). view of Rule 65 of the Federal Rules of Civil Procedure, Par. (1). Pub. L. 85–508 struck out reference to Dis- using only the word ‘‘order.’’ trict Court for Territory of Alaska. See section 81A of Provisions of sections 227 and 227a of title 28, U.S.C., this title which established a United States District 1940 ed., relating to stay of proceedings pending appeal Court for the State of Alaska. were omitted as superseded by Federal Rules of Civil 1951—Par. (1). Act Oct. 31, 1951, inserted reference to Procedure, Rule 73. District Court of Guam. Provisions of section 227 of title 28, U.S.C., 1940 ed., requiring an additional bond by the district court as a EFFECTIVE DATE OF 1992 AMENDMENT condition of appeal were omitted in view of Federal Amendment by section 101 of Pub. L. 102–572 effective Rules of Civil Procedure, Rule 73. Jan. 1, 1993, see section 1101(a) of Pub. L. 102–572, set Words in section 227 of title 28, U.S.C., 1940 ed., ‘‘and out as a note under section 905 of Title 2, The Congress. sections 346 and 347 of this title shall apply to such Amendment by sections 902(b) and 906(c) of Pub. L. cases in the circuit courts of appeals as to other cases 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. therein,’’ at the end of the first sentence of section 227 102–572, set out as a note under section 171 of this title. of title 28, U.S.C., 1940 ed., were deleted as fully covered EFFECTIVE DATE OF 1988 AMENDMENT by section 1254 of this title, applicable to any case in a court of appeals. Other procedural provisions of said Section 502 of title V of Pub. L. 100–702 provided that: section 227 were omitted as covered by section 2101 et ‘‘The amendment made by section 501 [amending this seq. of this title. section] shall apply to any action commenced in the In subsection (4), which is based on section 227a of district court on or after the date of enactment of this title 28, U.S.C., 1940 ed., words ‘‘civil actions’’ were sub- title [Nov. 19, 1988].’’ stituted for ‘‘suits in equity’’ and word ‘‘judgments’’ EFFECTIVE DATE OF 1982 AMENDMENT was substituted for ‘‘decree,’’ in view of Rules 2 and 54 of the Federal Rules of Civil Procedure. Amendment by Pub. L. 97–164 effective Oct. 1, 1982, The provision of sections 227 and 227a of title 28, see section 402 of Pub. L. 97–164, set out as a note under U.S.C., 1940 ed., that appeal must be taken within thir- section 171 of this title. ty days after entry of order, decree or judgment is in- EFFECTIVE DATE OF 1958 AMENDMENT corporated in section 2107 of this title. The provisions of section 227a of title 28, U.S.C., 1940 Amendment by Pub. L. 85–508 effective Jan. 3, 1959, on ed., relating to stay of proceedings pending appeal, admission of Alaska into the Union pursuant to Proc.

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No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required provisions of said section 864, not incorporated in this by sections 1 and 8(c) of Pub. L. 85–508, see notes set out section and sections 41 and 119 of this title, were re- under section 81A of this title and preceding section 21 tained in title 48. Other provisions of said section 1356 of Title 48, Territories and Insular Possessions. are incorporated in section 1291 of this title. Other pro- visions of said section 1392 were also retained in title TERMINATION OF UNITED STATES DISTRICT COURT FOR 48. THE DISTRICT OF THE CANAL ZONE Paragraph (3) of section 1141(b) of title 26, U.S.C., 1940 For termination of the United States District Court ed., was omitted as executed. It made such subsection for the District of the Canal Zone at end of the ‘‘transi- applicable to all decisions of the Board of Tax Appeals tion period’’, being the 30-month period beginning Oct. (Tax Court) rendered on and after May 10, 1934. 1, 1979, and ending midnight Mar. 31, 1982, see Para- Provisions of section 225(d) of title 28, U.S.C., 1940 ed., graph 5 of Article XI of the Panama Canal Treaty of for review of the decisions of the United States Court 1977 and sections 3831 and 3841 to 3843 of Title 22, For- for China were omitted. (See reviser’s note under sec- eign Relations and Intercourse. tion 411 of this title.) Subsection (b) rephrases and rearranges the relevant [§ 1293. Repealed. Pub. L. 87–189, § 3, Aug. 30, provisions of section 1141(b)(1)(2)(3) of title 26, U.S.C., 1961, 75 Stat. 417] 1940 ed. Specific reference to the United States district courts Section, acts June 25, 1948, ch. 646, 62 Stat. 929; Mar. for the districts of Hawaii, Puerto Rico and District of 18, 1959, Pub. L. 86–3, § 14(b), 73 Stat. 10, provided for ap- Columbia was omitted as unnecessary, these courts peal from supreme court of Puerto Rico to court of ap- being embraced in the definition of ‘‘a district court of peals for first circuit. See section 1258 of this title. the United States’’ contained in section 451 of this A subsequent section 1293, added Pub. L. 95–598, title title. II, § 236(a), Nov. 6, 1978, 92 Stat. 2667, which related to Administrative orders, referred to in reviser’s note bankruptcy appeals, did not become effective pursuant under section 1291 of this title, are reviewable and en- to section 402(b) of Pub. L. 95–598, as amended, set out forceable in the following circuits: as an Effective Date note preceding section 101 of Title RDERS REVIEWABLE 11, Bankruptcy. O (1) Alcoholic permit orders—in the District of Colum- § 1294. Circuits in which decisions reviewable bia or in the circuit where the applicant or permittee resides or has his principal place of business; Except as provided in sections 1292(c), 1292(d), (2) Antitrust and unfair trade orders—in the circuit and 1295 of this title, appeals from reviewable where unlawful act occurred or petitioner resides or decisions of the district and territorial courts carries on business; shall be taken to the courts of appeals as fol- (3) Bridge alteration; cost orders—in the circuit lows: where bridge is wholly or partly located; (1) From a district court of the United States (4) Civil aeronautics orders—in the District of Colum- to the court of appeals for the circuit embracing bia or circuit where petitioner resides or has his prin- cipal place of business; the district; (5) Commodity exchange orders—in the circuit where (2) From the United States District Court for board of trade has its principal place of business or in the District of the Canal Zone, to the Court of circuit where petitioner for review of exclusion order Appeals for the Fifth Circuit; carries on business; (3) From the District Court of the Virgin Is- (6) Electric and water power orders—in the District of lands, to the Court of Appeals for the Third Cir- Columbia or circuit where licensee or public utility to cuit; which order relates is located or has its principal place (4) From the District Court of Guam, to the of business; (7) Food, drug and cosmetic orders—in the circuit Court of Appeals for the Ninth Circuit. where person adversely affected resides or has his prin- (June 25, 1948, ch. 646, 62 Stat. 930; Oct. 31, 1951, cipal place of business; ch. 655, § 50(a), 65 Stat. 727; Pub. L. 85–508, § 12(g), (8) Gas orders—in the District of Columbia or circuit July 7, 1958, 72 Stat. 348; Pub. L. 86–3, § 14(c), where company to which order relates is located or has its principal place of business; Mar. 18, 1959, 73 Stat. 10; Pub. L. 87–189, § 5, Aug. (9) National Labor Relations Board’s final orders—in 30, 1961, 75 Stat. 417; Pub. L. 95–598, title II, § 237, the District of Columbia or circuit where unfair labor Nov. 6, 1978, 92 Stat. 2667; Pub. L. 97–164, title I, practice occurred or violator resides or transacts busi- § 126, Apr. 2, 1982, 96 Stat. 37.) ness; (10) Packers cease and desist orders—in the circuit HISTORICAL AND REVISION NOTES where packer has his principal place of business; Based on section 1141(b)(1)(2)(3) of title 26, U.S.C., 1940 (11) Radio license decisions—in the District of Colum- ed., Internal Revenue Code, title 28, U.S.C., 1940 ed., bia; § 225(d) and sections 645, 864, 865, 1356, and 1392 of title (12) Securities and Exchange Commission orders—in 48, U.S.C., 1940 ed., Territories and Insular Possessions, the District of Columbia or circuit where petitioner re- and section 61 of title 7 of the Canal Zone Code (Apr. 12, sides or has his principal place of business; 1900, ch. 191, § 35, 31 Stat. 85; Mar. 3, 1911, ch. 231, § 128, (13) Seed orders—in the circuit where violator resides 36 Stat. 1133; Aug. 24, 1912, ch. 390, § 9, 37 Stat. 566; Mar. or has his principal place of business; 2, 1917, ch. 145, §§ 42, 43, 39 Stat. 966; Mar. 3, 1917, ch. 171, (14) Wage orders—in the District of Columbia or cir- § 2, 39 Stat. 1132; Sept. 21, 1922, ch. 370, § 3, 42 Stat. 1006; cuit where petitioner resides or has his principal place Feb. 13, 1925, ch. 229, §§ 1, 13, 43 Stat. 936, 942; Feb. 26, of business; 1926, ch. 27, § 1002, 44 Stat. 110; Jan. 31, 1928, ch. 14, § 1, (15) Foreign Trade Zones Board orders—in the circuit 45 Stat. 54; May 17, 1932, ch. 190, 47 Stat. 158; Feb. 16, where the Zone is located; 1933, ch. 91, § 3, 47 Stat. 817; May 10, 1934, ch. 277, § 519, (16) Customhouse broker licenses—in circuit where 48 Stat. 760; Feb. 10, 1939, ch. 2, § 1141(b)(1)(2)(3), 53 Stat. applicant or licensee resides or has his principal place 164). of business. Section consolidates the venue provisions of sections ORDERS ENFORCEABLE 645, 864, 1356, and 1392 of title 48, U.S.C., 1940 ed., Terri- tories and Insular Possessions with sections (1) Antitrust and unfair trade orders—in the circuit 1141(b)(1)(2)(3) to title 26, U.S.C., 1940 ed., Internal Reve- where unlawful act occurred or person allegedly com- nue and sections 225(d) and 865 of said title 48. Other mitting unlawful act resides or carries on business;

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(2) National Labor Relations Board’s final orders—in tion period’’, being the 30-month period beginning Oct. the circuit where unfair labor practice occurred or vio- 1, 1979, and ending midnight Mar. 31, 1982, see Para- lator resides or transacts business; graph 5 of Article XI of the Panama Canal Treaty of (3) Seed orders—in the circuit where violator resides 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96–70, or has his principal place of business. title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to Section 61 of title 7 of the Canal Zone Code is also in- sections 3831 and 3841 to 3843, respectively, of Title 22, corporated in sections 1291 and 1292 of this title. Foreign Relations and Intercourse. Changes were made in phraseology. By Senate amendment, this section was renumbered § 1295. Jurisdiction of the United States Court of ‘‘1294’’, and subsec. (b), which related to the Tax Court, Appeals for the Federal Circuit was eliminated. Therefore, as finally enacted, section 1141(b)(1)(2)(3) of Title 26, U.S.C., Internal Revenue Code (a) The United States Court of Appeals for the 1939, was not one of the sources of this section. The Federal Circuit shall have exclusive jurisdic- Senate amendments also eliminated section 1141 of the tion— Internal Revenue Code 1939 from the schedule of re- (1) of an appeal from a final decision of a dis- peals. See Senate Report No. 1559. trict court of the United States, the United AMENDMENTS States District Court for the District of the 1982—Pub. L. 97–164 substituted ‘‘Except as provided Canal Zone, the District Court of Guam, the in sections 1292(c), 1292(d), and 1295 of this title, appeals District Court of the Virgin Islands, or the from reviewable decisions’’ for ‘‘Appeals from review- District Court for the Northern Mariana Is- able decisions’’ in introductory provisions. lands, if the jurisdiction of that court was 1978—Pub. L. 95–598 directed the amendment of sec- based, in whole or in part, on section 1338 of tion by substituting ‘‘district, bankruptcy, and terri- this title, except that a case involving a claim torial’’ for ‘‘district and territorial’’ and by adding arising under any Act of Congress relating to pars. (5) and (6) relating to panels designated under sec- tion 160(a) of this title and bankruptcy courts, respec- copyrights, exclusive rights in mask works, or tively, which amendment did not become effective pur- trademarks and no other claims under section suant to section 402(b) of Pub. L. 95–598, as amended, set 1338(a) shall be governed by sections 1291, 1292, out as an Effective Date note preceding section 101 of and 1294 of this title; Title 11, Bankruptcy. (2) of an appeal from a final decision of a dis- 1961—Pars. (4), (5). Pub. L. 87–189 redesignated par. (5) trict court of the United States, the United as (4) and repealed former par. (4) which provided that States District Court for the District of the appeals from the Supreme Court of Puerto Rico should Canal Zone, the District Court of Guam, the be taken to the Court of Appeals for the First Circuit. See section 1258 of this title. District Court of the Virgin Islands, or the 1959—Pars. (4) to (6). Pub. L. 86–3 redesignated pars. District Court for the Northern Mariana Is- (5) and (6) as (4) and (5), respectively, and repealed lands, if the jurisdiction of that court was former par. (4) which provided that appeals from the based, in whole or in part, on section 1346 of Supreme Court of Hawaii should be taken to the Court this title, except that jurisdiction of an appeal of Appeals for the Ninth Circuit. See section 91 of this in a case brought in a district court under sec- title and notes thereunder. tion 1346(a)(1), 1346(b), 1346(e), or 1346(f) of this 1958—Par. (2). Pub. L. 85–508 redesignated par. (3) as (2) and repealed former par. (2) which provided that ap- title or under section 1346(a)(2) when the claim peals from the District Court for the Territory of Alas- is founded upon an Act of Congress or a regu- ka or any division thereof should be taken to the Court lation of an executive department providing of Appeals for the Ninth Circuit. See section 81A of this for internal revenue shall be governed by sec- title which establishes a United States District Court tions 1291, 1292, and 1294 of this title; for the State of Alaska. (3) of an appeal from a final decision of the Pars. (3) to (7). Pub. L. 85–508 redesignated pars. (4) to United States Court of Federal Claims; (7) as (3) to (6), respectively. (4) of an appeal from a decision of— 1951—Par. (7). Act Oct. 31, 1951, added par. (7). (A) the Board of Patent Appeals and Inter- EFFECTIVE DATE OF 1982 AMENDMENT ferences of the United States Patent and Amendment by Pub. L. 97–164 effective Oct. 1, 1982, Trademark Office with respect to patent ap- see section 402 of Pub. L. 97–164, set out as a note under plications and interferences, at the instance section 171 of this title. of an applicant for a patent or any party to EFFECTIVE DATE OF 1959 AMENDMENT a patent interference, and any such appeal shall waive the right of such applicant or Amendment by Pub. L. 86–3 effective on admission of party to proceed under section 145 or 146 of State of Hawaii into the Union, see note set out under section 91 of this title. Admission of Hawaii into the title 35; Union was accomplished Aug. 25, 1959, on issuance of (B) the Under Secretary of Commerce for Proc. No. 3309, Aug. 21, 1959, 25 F.R. 6868, 73 Stat. c74, Intellectual Property and Director of the as required by sections 1 and 7(c) of Pub. L. 86–3, Mar. United States Patent and Trademark Office 18, 1959, 73 Stat. 4, set out as notes preceding section 491 or the Trademark and Appeal Board of Title 48, Territories and Insular Possessions. with respect to applications for registration EFFECTIVE DATE OF 1958 AMENDMENT of marks and other proceedings as provided in section 21 of the Trademark Act of 1946 (15 Amendment by Pub. L. 85–508 effective Jan. 3, 1959, on admission of Alaska into the Union pursuant to Proc. U.S.C. 1071); or No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required (C) a district court to which a case was di- by sections 1 and 8(c) of Pub. L. 85–508, see notes set out rected pursuant to section 145, 146, or 154(b) under section 81A of this title and preceding section 21 of title 35; of Title 48, Territories and Insular Possessions. (5) of an appeal from a final decision of the TERMINATION OF UNITED STATES DISTRICT COURT FOR United States Court of International Trade; THE DISTRICT OF THE CANAL ZONE (6) to review the final determinations of the For termination of the United States District Court United States International Trade Commis- for the District of the Canal Zone at end of the ‘‘transi- sion relating to unfair practices in import

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trade, made under section 337 of the Tariff Act Section 211 of the Economic Stabilization Act of 1970, of 1930 (19 U.S.C. 1337); referred to in subsec. (a)(11), is section 211 of Pub. L. (7) to review, by appeal on questions of law 91–379, title II, as amended, formerly set out as an Eco- only, findings of the Secretary of Commerce nomic Stabilization Program note under section 1904 of Title 12, Banks and Banking. under U.S. note 6 to subchapter X of chapter 98 Section 5 of the Emergency Petroleum Allocation of the Harmonized Tariff Schedule of the Act of 1973, referred to in subsec. (a)(12), is section 5 of United States (relating to importation of in- Pub. L. 93–159, as amended, which was classified to sec- struments or apparatus); tion 754 of Title 15, Commerce and Trade, and was omit- (8) of an appeal under section 71 of the Plant ted from the Code. Variety Protection Act (7 U.S.C. 2461); Section 506(c) of the Natural Gas Policy Act of 1978, (9) of an appeal from a final order or final de- referred to in subsec. (a)(13), is classified to section cision of the Merit Systems Protection Board, 3416(c) of Title 15. pursuant to sections 7703(b)(1) and 7703(d) of Section 523 of the Energy Policy and Conservation title 5; Act, referred to in subsec. (a)(14), is classified to sec- tion 6393 of Title 42, The Public Health and Welfare. (10) of an appeal from a final decision of an agency board of contract appeals pursuant to AMENDMENTS section 8(g)(1) of the Contract Disputes Act of 1999—Subsec. (a)(4)(A). Pub. L. 106–113, § 1000(a)(9) 1978 (41 U.S.C. 607(g)(1)); [title IV, § 4732(b)(14)(A)], inserted ‘‘United States’’ be- (11) of an appeal under section 211 of the Eco- fore ‘‘Patent and Trademark’’. nomic Stabilization Act of 1970; Subsec. (a)(4)(B). Pub. L. 106–113, § 1000(a)(9) [title IV, (12) of an appeal under section 5 of the Emer- § 4732(b)(14)(B)], substituted ‘‘Under Secretary of Com- gency Petroleum Allocation Act of 1973; merce for Intellectual Property and Director of the (13) of an appeal under section 506(c) of the United States Patent and Trademark Office’’ for ‘‘Com- Natural Gas Policy Act of 1978; and missioner of Patents and Trademarks’’. (14) of an appeal under section 523 of the En- Subsec. (a)(4)(C). Pub. L. 106–113, § 1000(a)(9) [title IV, § 4402(b)(2)], substituted ‘‘145, 146, or 154(b)’’ for ‘‘145 or ergy Policy and Conservation Act. 146’’. (b) The head of any executive department or 1992—Subsec. (a)(3). Pub. L. 102–572, § 902(b)(1), sub- agency may, with the approval of the Attorney stituted ‘‘United States Court of Federal Claims’’ for General, refer to the Court of Appeals for the ‘‘United States Claims Court’’. Subsec. (a)(11) to (14). Pub. L. 102–572, § 102(c), added Federal Circuit for judicial review any final de- pars. (11) to (14). cision rendered by a board of contract appeals 1988—Subsec. (a)(1). Pub. L. 100–702 inserted pursuant to the terms of any contract with the ‘‘, exclusive rights in mask works,’’ after ‘‘copyrights’’. United States awarded by that department or Subsec. (a)(7). Pub. L. 100–418 substituted ‘‘U.S. note agency which the head of such department or 6 to subchapter X of chapter 98 of the Harmonized Tar- agency has concluded is not entitled to finality iff Schedule of the United States’’ for ‘‘headnote 6 to pursuant to the review standards specified in schedule 8, part 4, of the Tariff Schedules of the United section 10(b) of the Contract Disputes Act of 1978 States’’. 1984—Subsec. (a)(4)(A). Pub. L. 98–622 substituted (41 U.S.C. 609(b)). The head of each executive de- ‘‘Patent Appeals and’’ for ‘‘Appeals or the Board of Pat- partment or agency shall make any referral ent’’. under this section within one hundred and twen- ty days after the receipt of a copy of the final EFFECTIVE DATE OF 1999 AMENDMENT appeal decision. Amendment by section 1000(a)(9) [title IV, § 4402(b)(2)] (c) The Court of Appeals for the Federal Cir- of Pub. L. 106–113 effective on date that is 6 months cuit shall review the matter referred in accord- after Nov. 29, 1999, and, except for design patent appli- ance with the standards specified in section 10(b) cation filed under chapter 16 of Title 35, applicable to of the Contract Disputes Act of 1978. The court any application filed on or after such date, see section 1000(a)(9) [title IV, § 4405(a)] of Pub. L. 106–113, set out shall proceed with judicial review on the admin- as a note under section 154 of Title 35, Patents. istrative record made before the board of con- Amendment by section 1000(a)(9) [title IV, tract appeals on matters so referred as in other § 4732(b)(14)] of Pub. L. 106–113 effective 4 months after cases pending in such court, shall determine the Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of issue of finality of the appeal decision, and Pub. L. 106–113, set out as a note under section 1 of shall, if appropriate, render judgment thereon, Title 35, Patents. or remand the matter to any administrative or EFFECTIVE DATE OF 1992 AMENDMENT executive body or official with such direction as it may deem proper and just. Amendment by section 102(c) of Pub. L. 102–572 effec- tive Jan. 1, 1993, see section 1101(a) of Pub. L. 102–572, (Added Pub. L. 97–164, title I, § 127(a), Apr. 2, set out as a note under section 905 of Title 2, The Con- 1982, 96 Stat. 37; amended Pub. L. 98–622, title II, gress. § 205(a), Nov. 8, 1984, 98 Stat. 3388; Pub. L. 100–418, Amendment by section 902(b)(1) of Pub. L. 102–572 ef- title I, § 1214(a)(3), Aug. 23, 1988, 102 Stat. 1156; fective Oct. 29, 1992, see section 911 of Pub. L. 102–572, Pub. L. 100–702, title X, § 1020(a)(3), Nov. 19, 1988, set out as a note under section 171 of this title. 102 Stat. 4671; Pub. L. 102–572, title I, § 102(c), EFFECTIVE DATE OF 1988 AMENDMENT title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4507, Amendment by Pub. L. 100–418 effective Jan. 1, 1989, 4516; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, and applicable with respect to articles entered on or §§ 4402(b)(2), 4732(b)(14)], Nov. 29, 1999, 113 Stat. after such date, see section 1217(b)(1) of Pub. L. 100–418, 1536, 1501A–560, 1501A–584.) set out as an Effective Date note under section 3001 of Title 19, Customs Duties. REFERENCES IN TEXT EFFECTIVE DATE OF 1984 AMENDMENT The Harmonized Tariff Schedule of the United States, referred to in subsec. (a)(7), is not set out in the Code. Amendment by Pub. L. 98–622 applicable to all United See Publication of Harmonized Tariff Schedule note set States patents granted before, on, or after Nov. 8, 1984, out under section 1202 of Title 19, Customs Duties. and to all applications for United States patents pend-

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ing on or filed after that date, except as otherwise pro- PRIOR PROVISIONS vided, see section 106 of Pub. L. 98–622, set out as a note A prior section 1296, added Pub. L. 97–164, title I, under section 103 of Title 35, Patents. § 127(a), Apr. 2, 1982, 96 Stat. 39, related to precedence of Amendment by Pub. L. 98–622 effective three months cases in United States Court of Appeals for the Federal after Nov. 8, 1984, see section 207 of Pub. L. 98–622, set Circuit, prior to repeal by Pub. L. 98–620, title IV, out as a note under section 41 of Title 35. § 402(29)(C), Nov. 8, 1984, 98 Stat. 3359. EFFECTIVE DATE EFFECTIVE DATE Section effective Oct. 1, 1982, see section 402 of Pub. Section 3(d) of Pub. L. 104–331 provided that: ‘‘The L. 97–164, set out as an Effective Date of 1982 Amend- amendments made by this section [enacting this sec- ment note under section 171 of this title. tion and sections 1413 and 3901 to 3908 of this title and ABOLITION OF TEMPORARY EMERGENCY COURT OF amending sections 1346 and 2402 of this title] shall take APPEALS effect on October 1, 1997.’’ Section 102(d), (e) of Pub. L. 102–572 provided that: CHAPTER 85—DISTRICT COURTS; ‘‘(d) ABOLITION OF COURT.—The Temporary Emer- JURISDICTION gency Court of Appeals created by section 211(b) of the Economic Stabilization Act of 1970 [Pub. L. 91–379, for- Sec. merly set out as a note under section 1904 of Title 12, 1330. Actions against foreign states. Banks and Banking] is abolished, effective 6 months 1331. Federal question. after the date of the enactment of this Act [Oct. 29, 1332. Diversity of citizenship; amount in con- 1992]. troversy; costs. ‘‘(e) PENDING CASES.—(1) Any appeal which, before 1333. Admiralty, maritime and prize cases. the effective date of abolition described in subsection 1334. Bankruptcy cases and proceedings. (d), is pending in the Temporary Emergency Court of 1335. . 1336. Surface Transportation Board’s orders. Appeals but has not been submitted to a panel of such 1337. Commerce and antitrust regulations; amount court as of that date shall be assigned to the United in controversy, costs. States Court of Appeals for the Federal Circuit as 1338. Patents, plant variety protection, copyrights, though the appeal had originally been filed in that mask works, designs, trademarks, and un- court. fair competition. ‘‘(2) Any case which, before the effective date of abo- 1339. Postal matters. lition described in subsection (d), has been submitted 1340. Internal revenue; customs duties. to a panel of the Temporary Emergency Court of Ap- 1341. Taxes by States. peals and as to which the mandate has not been issued 1342. Rate orders of State agencies. as of that date shall remain with that panel for all pur- 1343. Civil rights and elective franchise. poses and, notwithstanding the provisions of sections 1344. Election disputes. 291 and 292 of title 28, , that panel 1345. United States as . shall be assigned to the United States Court of Appeals 1346. United States as . for the Federal Circuit for the purpose of deciding such 1347. Partition action where United States is joint case.’’ tenant. 1348. Banking association as party. TERMINATION OF UNITED STATES DISTRICT COURT FOR 1349. Corporation organized under federal law as THE DISTRICT OF THE CANAL ZONE party. For termination of the United States District Court 1350. Alien’s action for tort. for the District of the Canal Zone at end of the ‘‘transi- 1351. Consuls, vice consuls, and members of a diplo- tion period’’, being the 30-month period beginning Oct. matic mission as defendant. 1, 1979, and ending midnight Mar. 31, 1982, see Para- 1352. Bonds executed under federal law. graph 5 of Article XI of the Panama Canal Treaty of 1353. Indian allotments. 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96–70, 1354. Land grants from different states. title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to 1355. Fine, penalty or forfeiture. sections 3831 and 3841 to 3843, respectively, of Title 22, 1356. Seizures not within admiralty and maritime Foreign Relations and Intercourse. jurisdiction. 1357. Injuries under Federal laws. § 1296. Review of certain agency actions 1358. Eminent domain. 1359. Parties collusively joined or made. (a) JURISDICTION.—Subject to the provisions of 1360. State civil jurisdiction in actions to which chapter 179, the United States Court of Appeals Indians are parties. for the Federal Circuit shall have jurisdiction 1361. Action to compel an officer of the United States to perform his duty. over a petition for review of a final decision 1362. Indian tribes. under chapter 5 of title 3 of— 1363. Jurors’ employment rights. (1) an appropriate agency (as determined 1364. Direct actions against insurers of members of under section 454 of title 3); diplomatic missions and their families. (2) the Federal Labor Relations Authority 1365. Senate actions. made under part D of subchapter II of chapter 1366. Construction of references to laws of the 5 of title 3, notwithstanding section 7123 of United States or Acts of Congress. 1367. Supplemental jurisdiction. title 5; or 1368. in unfair practices in inter- (3) the Secretary of Labor or the Occupa- national trade. tional Safety and Health Review Commission, 1369. Multiparty, multiforum jurisdiction. made under part C of subchapter II of chapter AMENDMENTS 5 of title 3. 2002—Pub. L. 107–273, div. C, title I, § 11020(b)(1)(B), (b) FILING OF PETITION.—Any petition for re- Nov. 2, 2002, 116 Stat. 1827, added item 1369. view under this section must be filed within 30 1999—Pub. L. 106–113, div. B, § 1000(a)(9) [title III, days after the date the petitioner receives no- § 3009(2)], Nov. 29, 1999, 113 Stat. 1536, 1501A–552, sub- tice of the final decision. stituted ‘‘trademarks’’ for ‘‘trade-marks’’ in item 1338. 1998—Pub. L. 105–304, title V, § 503(b)(2)(B), Oct. 28, (Added Pub. L. 104–331, § 3(a)(1), Oct. 26, 1996, 110 1998, 112 Stat. 2917, inserted ‘‘designs,’’ after ‘‘mask Stat. 4068.) works,’’ in item 1338.

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1995—Pub. L. 104–88, title III, § 305(a)(4), Dec. 29, 1995, (c) For purposes of subsection (b), an appear- 109 Stat. 944, substituted ‘‘Surface Transportation ance by a foreign state does not confer personal Board’s’’ for ‘‘Interstate Commerce Commission’s’’ in jurisdiction with respect to any claim for relief item 1336. not arising out of any transaction or occurrence 1994—Pub. L. 103–465, title III, § 321(b)(3)(B), Dec. 8, 1994, 108 Stat. 4947, added item 1368. enumerated in sections 1605–1607 of this title. 1990—Pub. L. 101–650, title III, § 310(b), Dec. 1, 1990, 104 (Added Pub. L. 94–583, § 2(a), Oct. 21, 1976, 90 Stat. Stat. 5114, added item 1367. 2891.) 1988—Pub. L. 100–702, title X, § 1020(a)(7), Nov. 19, 1988, 102 Stat. 4672, substituted ‘‘Actions’’ for ‘‘Action’’ in EFFECTIVE DATE item 1330, inserted a period after ‘‘question’’ in item Section effective 90 days after Oct. 21, 1976, see sec- 1331, substituted ‘‘plant variety protection, copyrights, tion 8 of Pub. L. 94–583, set out as a note under section mask works, trade-marks,’’ for ‘‘copyrights, and trade- 1602 of this title. marks’’ in item 1338, and inserted ‘‘and elective fran- chise’’ in item 1343. § 1331. Federal question 1986—Pub. L. 99–336, § 6(a)(1)(A), June 19, 1986, 100 Stat. 638, renumbered item 1364 ‘‘Senate actions’’ and The district courts shall have original juris- item 1364 ‘‘Construction of references to laws of the diction of all civil actions arising under the Con- United States or Acts of Congress’’ as items 1365 and stitution, laws, or treaties of the United States. 1366, respectively. 1984—Pub. L. 98–353, title I, § 101(b), July 10, 1984, 98 (June 25, 1948, ch. 646, 62 Stat. 930; Pub. L. 85–554, Stat. 333, substituted ‘‘cases’’ for ‘‘matters’’ in item § 1, July 25, 1958, 72 Stat. 415; Pub. L. 94–574, § 2, 1334. Oct. 21, 1976, 90 Stat. 2721; Pub. L. 96–486, § 2(a), 1980—Pub. L. 96–486, § 2(b), Dec. 1, 1980, 94 Stat. 2369, Dec. 1, 1980, 94 Stat. 2369.) struck out ‘‘; amount in controversy; costs.’’ after HISTORICAL AND REVISION NOTES ‘‘question’’ in item 1331. 1978—Pub. L. 95–598, title II, § 238(b), Nov. 6, 1978, 92 Based on title 28, U.S.C., 1940 ed., § 41(1) (Mar. 3, 1911, Stat. 2668, directed the substitution of ‘‘Bankruptcy ap- ch. 231, § 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, § 1, peals’’ for ‘‘Bankruptcy matters and proceedings’’ in 48 Stat. 775; Aug. 21, 1937, ch. 726, § 1, 50 Stat. 738; Apr. item 1334, which amendment did not become effective 20, 1940, ch. 117, 54 Stat. 143). pursuant to section 402(b) of Pub. L. 95–598, as amended, Jurisdiction of federal questions arising under other set out as an Effective Date note preceding section 101 sections of this chapter is not dependent upon the of Title 11, Bankruptcy. amount in controversy. (See annotations under former Pub. L. 95–572, § 6(b)(2), Nov. 2, 1978, 92 Stat. 2457, section 41 of title 28, U.S.C.A., and 35 C.J.S., p. 833 et added item 1363 and redesignated former item 1363 seq., §§ 30–43. See, also, reviser’s note under section 1332 ‘‘Construction of references to laws of the United of this title.) States or Acts of Congress’’, as 1364. Words ‘‘wherein the matter in controversy exceeds Pub. L. 95–521, title VII, § 705(f)(2), Oct. 26, 1978, 92 the sum or value of $3,000, exclusive of interest and Stat. 1880, added item 1364 ‘‘Senate actions’’. costs,’’ were added to conform to rulings of the Su- Pub. L. 95–486, § 9(c), Oct. 20, 1978, 92 Stat. 1634, sub- preme Court. See construction of provision relating to stituted ‘‘Commerce and antitrust regulations; amount jurisdictional amount requirement in cases involving a in controversy, costs’’ for ‘‘Commerce and antitrust Federal question in United States v. Sayward, 16 S.Ct. regulations’’ in item 1337. 371, 160 U.S. 493, 40 L.Ed. 508; Fishback v. Western Union Pub. L. 95–393, §§ 7(b), 8(a)(2), Sept. 30, 1978, 92 Stat. Tel. Co., 16 S.Ct. 506, 161 U.S. 96, 40 L.Ed. 630; and Halt 810, substituted ‘‘Consuls, vice consuls, and members of v. Indiana Manufacturing Co., 1900, 20 S.Ct. 272, 176 U.S. a diplomatic mission as defendant’’ for ‘‘Consuls and 68, 44 L.Ed. 374. vice consuls as ’’ in item 1351 and added item Words ‘‘all civil actions’’ were substituted for ‘‘all 1364 ‘‘Direct actions against insurers of members of dip- suits of a civil nature, at common law or in equity’’ to lomatic missions and their families’’. conform with Rule 2 of the Federal Rules of Civil Pro- 1976—Pub. L. 94–583, § 2(b), Oct. 21, 1976, 90 Stat. 2891, cedure. added item 1330. Words ‘‘or treaties’’ were substituted for ‘‘or treaties 1970—Pub. L. 91–358, title I, § 172(c)(2), July 29, 1970, 84 made, or which shall be made under their authority,’’ Stat. 591, added item 1363. for purposes of brevity. The remaining provisions of section 41(1) of title 28, 1966—Pub. L. 89–635, § 2, Oct. 10, 1966, 80 Stat. 880, U.S.C., 1940 ed., are incorporated in sections 1332, 1341, added item 1362. 1342, 1345, 1354, and 1359 of this title. 1962—Pub. L. 87–748, § 1(b), Oct. 5, 1962, 76 Stat. 744, Changes were made in arrangement and phraseology. added item 1361. 1958—Pub. L. 85–554, § 4, July 25, 1958, 72 Stat. 415, in- AMENDMENTS serted ‘‘costs’’ in items 1331 and 1332. 1980—Pub. L. 96–486 struck out ‘‘; amount in con- 1953—Act Aug. 15, 1953, ch. 505, § 3, 67 Stat. 589, added troversy; costs’’ in section catchline, struck out mini- item 1360. mum amount in controversy requirement of $10,000 for original jurisdiction in federal question cases which ne- § 1330. Actions against foreign states cessitated striking the exception to such required mini- (a) The district courts shall have original ju- mum amount that authorized original jurisdiction in risdiction without regard to amount in con- actions brought against the United States, any agency thereof, or any officer or employee thereof in an offi- troversy of any nonjury civil action against a cial capacity, struck out provision authorizing the dis- foreign state as defined in section 1603(a) of this trict court except where express provision therefore title as to any claim for relief with was made in a federal statute to deny costs to a plain- respect to which the foreign state is not entitled tiff and in fact impose such costs upon such plaintiff to immunity either under sections 1605–1607 of where plaintiff was adjudged to be entitled to recover this title or under any applicable international less than the required amount in controversy, com- agreement. puted without regard to set-off or and ex- (b) over a foreign state clusive of interests and costs, and struck out existing subsection designations. shall exist as to every claim for relief over 1976—Subsec. (a). Pub. L. 94–574 struck out $10,000 ju- which the district courts have jurisdiction under risdictional amount where action is brought against subsection (a) where service has been made the United States, any agency thereof, or any officer or under section 1608 of this title. employee thereof in his official capacity.

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1958—Pub. L. 85–554 included costs in section catch- (d) The word ‘‘States’’, as used in this section, line, designated existing provisions as subsec. (a), sub- includes the Territories, the District of Colum- stituted ‘‘$10,000’’ for ‘‘$3,000’’, and added subsec. (b). bia, and the Commonwealth of Puerto Rico. EFFECTIVE DATE OF 1980 AMENDMENT; APPLICABILITY (June 25, 1948, ch. 646, 62 Stat. 930; July 26, 1956, Section 4 of Pub. L. 96–486 provided: ‘‘This Act ch. 740, 70 Stat. 658; Pub. L. 85–554, § 2, July 25, [amending this section and section 2072 of Title 15, 1958, 72 Stat. 415; Pub. L. 88–439, § 1, Aug. 14, 1964, Commerce and Trade, and enacting provisions set out 78 Stat. 445; Pub. L. 94–583, § 3, Oct. 21, 1976, 90 as a note under section 1 of this title] shall apply to Stat. 2891; Pub. L. 100–702, title II, §§ 201(a), any civil action pending on the date of enactment of 202(a), 203(a), Nov. 19, 1988, 102 Stat. 4646; Pub. L. this Act [Dec. 1, 1980].’’ 104–317, title II, § 205(a), Oct. 19, 1996, 110 Stat. EFFECTIVE DATE OF 1958 AMENDMENT 3850.)

Section 3 of Pub. L. 85–554 provided that: ‘‘This Act HISTORICAL AND REVISION NOTES [amending this section and sections 1332 and 1345 of this title] shall apply only in the case of actions com- Based on title 28, U.S.C., 1940 ed., § 41(1) (Mar. 3, 1911, menced after the date of the enactment of this Act ch. 231, § 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, § 1, [July 25, 1958].’’ 48 Stat. 775; Aug. 21, 1937, ch. 726, § 1, 50 Stat. 738; Apr. 20, 1940, ch. 117, 54 Stat. 143). § 1332. Diversity of citizenship; amount in contro- Other provisions of section 41(1) of title 28, U.S.C., versy; costs 1940 ed., are incorporated in sections 1331, 1341, 1342, 1345, 1354, and 1359 of this title. (See reviser’s notes (a) The district courts shall have original ju- under said sections.) risdiction of all civil actions where the matter Jurisdiction conferred by other sections of this chap- in controversy exceeds the sum or value of ter, except section 1335, is not dependent upon diversity $75,000, exclusive of interest and costs, and is be- of citizenship. (See annotations under former section 41 of title 28, U.S.C.A., and 35 C.J.S., p. 833 et seq. §§ 30–43. tween— See, also, reviser’s note under section 1331 of this title.) (1) citizens of different States; As to citizenship of bank where jurisdiction depends (2) citizens of a State and citizens or sub- upon diversity of citizenship, see section 1348 of this jects of a foreign state; title. (3) citizens of different States and in which Words ‘‘all civil actions’’ were substituted for ‘‘all citizens or subjects of a foreign state are addi- suits of a civil nature, at common law or in equity’’ in tional parties; and order to conform to Rule 2 of the Federal Rules of Civil Procedure. (4) a foreign state, defined in section 1603(a) Words ‘‘or citizens of the District of Columbia, Terri- of this title, as plaintiff and citizens of a State tory of Hawaii, or Alaska, and any State or Territory’’ or of different States. which were inserted by the amendatory act April 20, For the purposes of this section, section 1335, 1940, are omitted. The word ‘‘States’’ is defined in this section and enumeration of the references is unneces- and section 1441, an alien admitted to the United sary. States for permanent residence shall be deemed The revised section conforms with the views of Philip a citizen of the State in which such alien is F. Herrick, United States Attorney, Puerto Rico, who domiciled. observed that the act of April 20, 1940, permitted action (b) Except when express provision therefor is between a citizen of Hawaii and of Puerto Rico, but not otherwise made in a statute of the United between a citizen of New York and Puerto Rico, in the district court. States, where the plaintiff who files the case This changes the law to insure uniformity. The 1940 originally in the Federal courts is finally ad- amendment applied only to the provision as to con- judged to be entitled to recover less than the troversies between ‘‘citizens of different States.’’ The sum or value of $75,000, computed without regard new definition in subsection (b) extends the 1940 amend- to any setoff or counterclaim to which the de- ment to apply to controversies between citizens of the fendant may be adjudged to be entitled, and ex- Territories or the District of Columbia, and foreign clusive of interest and costs, the district court states or citizens or subjects thereof. may deny costs to the plaintiff and, in addition, The diversity of citizenship language of section 41(1) of title 28, U.S.C., 1940 ed., as amended in 1940, was de- may impose costs on the plaintiff. scribed as ambiguous in McGarry v. City of Bethlehem, 45 (c) For the purposes of this section and section F.Supp. 385, 386. In that case the 1940 amendment was 1441 of this title— held unconstitutional insofar as it affected the District (1) a corporation shall be deemed to be a cit- of Columbia. However, two other district courts upheld izen of any State by which it has been incor- the amendment. Winkler v. Daniels, D.C.Va. 1942, 43 porated and of the State where it has its prin- F.Supp. 265; Glaeser v. Acacia Mutual Life Ass’n., cipal place of business, except that in any di- D.C.Cal. 1944, 55 F.Supp. 925. This section is intended to cover all diversity of citi- rect action against the insurer of a policy or zenship instances in civil actions in accordance with contract of liability insurance, whether incor- the judicial construction of the language in the origi- porated or unincorporated, to which action the nal section 41(1) of title 28, U.S.C., 1940 ed. Therefore, insured is not joined as a party-defendant, the revised language covers civil actions between— such insurer shall be deemed a citizen of the Citizens of a State, and citizens of other States and State of which the insured is a citizen, as well foreign states or citizens or subjects thereof; as of any State by which the insurer has been Citizens of a Territory or the District of Columbia, and foreign states or citizens or subjects thereof; incorporated and of the State where it has its Citizens of different States; principal place of business; and Citizens of different Territories; (2) the legal representative of the estate of a Citizens of a State, and citizens of Territories; decedent shall be deemed to be a citizen only Citizens of a State or Territory, and citizens of the District of Columbia; of the same State as the decedent, and the Citizens of a State, and foreign states or citizens or legal representative of an infant or incom- subjects thereof. petent shall be deemed to be a citizen only of The revised section removes an uncertainty referred the same State as the infant or incompetent. to in the McGarry case, supra, as to whether Congress

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intended to permit citizens of the Territories or the Title Section District of Columbia to sue a State or Territory itself 15 ...... 80a–43 rather than the citizens thereof. The court observed 15 ...... 80b–14 that ‘‘Congress could hardly have had such intention.’’ 15 ...... 97 The sentence ‘‘The foregoing provisions as to the sum 15 ...... 99 or value of the matter in controversy shall not be con- 15...... 433 strued to apply to any of the cases mentioned in the 15...... 715d(c) succeeding paragraphs of this section’’ was omitted as 15...... 715i unnecessary. Those paragraphs are (2)–(28) of said sec- 15 ...... 717s tion 41 of title 28, U.S.C., 1940 ed., which are revised and 15...... 717u incorporated in this chapter and, except for those relat- 16 ...... 10 ing to actions against the United States and inter- 16 ...... 583e pleader, contains no provision as to a sum or value nec- 16...... 820 essary to confer jurisdiction. Consequently the omitted 16...... 825m sentence is covered by excluding such requirement. 16...... 825n Section 41(1) of title 28, U.S.C., 1940 ed., as originally 16 ...... 825p enacted, purported to include all jurisdictional provi- 17 ...... 26 sions relating to the district courts. Subsequently, 17 ...... 34 many special jurisdictional provisions were enacted 21...... 193 and incorporated in other titles of the U.S.C., 1940 ed., 21...... 332 as follows: 21...... 355 25...... 314 Title Section 25...... 345 7 ...... 209 26 ...... 3633 7 ...... 210 26 ...... 3800 7 ...... 216 27...... 207 7 ...... 292 29...... 101 7 ...... 499g 29...... 103–109 7...... 608a(6) 29...... 160(e) 7...... 608c(15)(B) 29...... 216 7 ...... 610(b)(2) 29...... 217 7 ...... 648 30...... 188 7...... 1175 31...... 232 7 ...... 1365–1367 33...... 495 7...... 1376 33...... 918 7...... 1508(c) 33...... 921 8 ...... 164 35 ...... 63 8 ...... 701 35 ...... 66 8 ...... 903 35 ...... 67 9 ...... 4 35 ...... 72a 9 ...... 8 35 ...... 90 9 ...... 9 38...... 445 11 ...... 11(a) 40...... 257 11 ...... 46 40 ...... 270b 11 ...... 205(a)(l) 40...... 361 11...... 401 41...... 113(b)(2) 11...... 511 42...... 405(c)(5)(g) 11...... 512 43...... 546 11...... 514–516 43 ...... 1062 11...... 711 45 ...... 56 11...... 712 45 ...... 88 11...... 811 45 ...... 89 11...... 812 45...... 153(p) 11 ...... 1011 45...... 159 11 ...... 1012 45...... 185 11 ...... 1013 45 ...... 228j4 11 ...... 1200 45...... 228k 12 ...... 93 45...... 268 12...... 195 45 ...... 355(f) 12...... 632 46...... 597 15...... 4 46...... 688 15...... 9 46...... 711 15 ...... 15 46...... 741 et seq. 15 ...... 25 46...... 781 et seq. 15 ...... 26 46...... 941(c) 15 ...... 31 46...... 951 15 ...... 53 46...... 954 15...... 68e 46 ...... 1114(c) 15...... 77t 46 ...... 1128d 15 ...... 77v 47 ...... 11 15...... 77vvv 47 ...... 13 15 ...... 78u(e) 47 ...... 33 15...... 78u(f) 47 ...... 36 15...... 78aa 47...... 207 15...... 79k(d)(e) 47...... 401 15 ...... 79r(f)(g) 47...... 406 15 ...... 80a–25 47...... 407 15 ...... 80a–34 48...... 242 15 ...... 80a–35 48...... 245 15...... 80a–41(c)(e) 49 ...... 5(8)

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Title Section EFFECTIVE DATE OF 1988 AMENDMENT 49...... 9 49 ...... 16(2) Section 201(b) of title II of Pub. L. 100–702 provided 49 ...... 16(9) that: ‘‘The amendments made by this section [amend- 49 ...... 16(12) ing this section] shall apply to any civil action com- 49 ...... 17(9) menced on or after the 180th day after the date of en- 49 ...... 19a(l) actment of this title [Nov. 19, 1988].’’ 49 ...... 20(9) Section 202(b) of title II of Pub. L. 100–702 provided 49 ...... 23 that: ‘‘The amendment made by this section [amending 49 ...... 26(h) this section] shall apply to any civil action commenced 49...... 41(1)(3) in or removed to a United States district court on or 49 ...... 43 after the 180th day after the date of enactment of this 49...... 181(b)(c) title [Nov. 19, 1988].’’ 49...... 305(g) Section 203(b) of title II of Pub. L. 100–702 provided 49...... 322(b) that: ‘‘The amendment made by this section [amending 49...... 647 this section] shall apply to claims in civil actions com- 49...... 916 menced in or removed to the United States district 49 ...... 1017 courts on or after the 180th day after the date of enact- 49 ...... 1021 ment of this title [Nov. 19, 1988].’’ 50 ...... 23 EFFECTIVE DATE OF 1976 AMENDMENT D.C. Code ...... 11–305—11–307 D.C. Code ...... 11–309 Amendment by Pub. L. 94–583 effective 90 days after D.C. Code ...... 11–324 Oct. 21, 1976, see section 8 of Pub. L. 94–583, set out as an Effective Date note under section 1602 of this title. AMENDMENTS EFFECTIVE DATE OF 1964 AMENDMENT 1996—Subsecs. (a), (b). Pub. L. 104–317 substituted ‘‘$75,000’’ for ‘‘$50,000’’. Section 2 of Pub. L. 88–439 provided that: ‘‘The 1988—Subsec. (a). Pub. L. 100–702, § 201(a), substituted amendment made by this Act to section 1332(c), title 28, ‘‘$50,000’’ for ‘‘$10,000’’ in introductory text. United States Code, applies only to causes of action Pub. L. 100–702, § 203(a), inserted at end ‘‘For the pur- arising after the date of enactment of this Act [Aug. 14, poses of this section, section 1335, and section 1441, an 1964].’’ alien admitted to the United States for permanent resi- EFFECTIVE DATE OF 1958 AMENDMENT dence shall be deemed a citizen of the State in which such alien is domiciled.’’ Amendment by Pub. L. 85–554 applicable only in the Subsec. (b). Pub. L. 100–702, § 201(a), substituted case of actions commenced after July 25, 1958, see sec- ‘‘$50,000’’ for ‘‘$10,000’’. tion 3 of Pub. L. 85–554, set out as a note under section Subsec. (c). Pub. L. 100–702, § 202(a), amended subsec. 1331 of this title. (c) generally. Prior to amendment, subsec. (c) read as follows: ‘‘For the purposes of this section and section § 1333. Admiralty, maritime and prize cases 1441 of this title, a corporation shall be deemed a citi- zen of any State by which it has been incorporated and The district courts shall have original juris- of the State where it has its principal place of business: diction, exclusive of the courts of the States, of: Provided further, That in any direct action against the (1) Any civil case of admiralty or maritime insurer of a policy or contract of liability insurance, jurisdiction, saving to suitors in all cases all whether incorporated or unincorporated, to which ac- other remedies to which they are otherwise tion the insured is not joined as a party-defendant, entitled. such insurer shall be deemed a citizen of the State of (2) Any prize brought into the United States which the insured is a citizen, as well as of any State by which the insurer has been incorporated and of the and all proceedings for the condemnation of State where it has its principal place of business.’’ property taken as prize. 1976—Subsec. (a)(2). Pub. L. 94–583 substituted ‘‘and (June 25, 1948, ch. 646, 62 Stat. 931; May 24, 1949, citizens or subjects of a foreign state;’’ for ‘‘, and for- ch. 139, § 79, 63 Stat. 101.) eign states or citizens or subjects thereof; and’’. Subsec. (a)(3). Pub. L. 94–583 substituted ‘‘citizens or HISTORICAL AND REVISION NOTES subjects of a foreign state are additional parties; and’’ for ‘‘foreign states or citizens or subjects thereof are 1948 ACT additional parties’’. Based on title 28, U.S.C., 1940 ed., §§ 41(3) and 371 (3), Subsec. (a)(4). Pub. L. 94–583 added par. (4). (4) (Mar. 3, 1911, ch. 231, §§ 24, par. 3, 256, pars. 3, 4, 36 1964—Subsec. (c). Pub. L. 88–439 inserted proviso Stat. 1091, 1160; Oct. 6, 1917, ch. 97, §§ 1, 2, 40 Stat. 395; deeming an insurer of liability insurance, in an action June 10, 1922, ch. 216, §§ 1, 2, 42 Stat. 634). to which the insurer is not joined as a party-defendant, Section consolidates certain provisions of sections a citizen, of the State of which the insured is a citizen, 41(3), 371(3) and 371(4) of title 28, U.S.C., 1940 ed. Other as well as the State the insurer has been incorporated provisions of sections 41(3) and 371(4), relating to sei- by and the State where it has its principal place of zures, are incorporated in section 1356 of this title. (See business. reviser’s note thereunder.) 1958—Pub. L. 85–554 included costs in section catch- The ‘‘saving to suitors’’ clause in sections 41(3) and line. 371(3) of title 28, U.S.C., 1940 ed., was changed by sub- Subsec. (a). Pub. L. 85–554 substituted ‘‘$10,000’’ for stituting the words ‘‘any other remedy to which he is ‘‘$3,000’’. otherwise entitled’’ for the words ‘‘the right of a com- Subsecs. (b) to (d). Pub. L. 85–554 added subsecs. (b) mon law remedy where the common law is competent and (c) and redesignated former subsec. (b) as (d). to give it.’’ The substituted language is simpler and 1956—Subsec. (b). Act July 26, 1956, included the Com- more expressive of the original intent of Congress and monwealth of Puerto Rico. is in conformity with Rule 2 of the Federal Rules of Civil Procedure abolishing the distinction between law EFFECTIVE DATE OF 1996 AMENDMENT and equity. Section 205(b) of Pub. L. 104–317 provided that: ‘‘The Provisions of section 41(3) of title 28, U.S.C., 1940 ed., amendment made by this section [amending this sec- based on the 1917 and 1922 amendments, relating to tion] shall take effect 90 days after the date of enact- remedies under State workmen’s compensation laws, ment of this Act [Oct. 19, 1996].’’ were deleted. Such amendments were held unconstitu-

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tional by the Supreme Court. (See Knickerbocker Ice Co. 98–353, title I, § 101(a), July 10, 1984, 98 Stat. 333; v. Stewart, 1920, 40 S.Ct. 438, 253 U.S. 149, 64 L.Ed. 834, Pub. L. 99–554, title I, § 144(e), Oct. 27, 1986, 100 and State of Washington v. W. C. Dawson & Co., 1924, 44 Stat. 3096; Pub. L. 101–650, title III, § 309(b), Dec. S.Ct. 302, 264 U.S. 219, 68 L.Ed. 646.) 1, 1990, 104 Stat. 5113; Pub. L. 103–394, title I, Words ‘‘libellant or petitioner’’ were substituted for ‘‘suitors’’ to describe moving party in admiralty cases. § 104(b), Oct. 22, 1994, 108 Stat. 4109.) Changes were made in phraseology. HISTORICAL AND REVISION NOTES 1949 ACT Based on title 28, U.S.C., 1940 ed., §§ 41(19) and 371(6) This section amends section 1333(a)(1) of title 28, (Mar. 3, 1911, ch. 231, §§ 24, par. 19, 256, par. 6, 36 Stat. U.S.C., by substituting ‘‘suitors’’ for ‘‘libellant or peti- 1093, 1160). Changes in phraseology were made. tioner’’ to conform to the language of the law in exist- ence at the time of the enactment of the revision of AMENDMENTS title 28. 1994—Subsecs. (c)(2), (d). Pub. L. 103–394, § 104(b)(2), in- AMENDMENTS serted ‘‘(other than a decision not to abstain in a pro- ceeding described in subsection (c)(2))’’ after ‘‘sub- 1949—Subd. (1). Act May 24, 1949, substituted ‘‘suit- section’’ in second sentence of subsec. (c)(2) and des- ors’’ for ‘‘libellant or petitioner’’. ignated that sentence and third sentence of subsec. § 1334. Bankruptcy cases and proceedings (c)(2) as subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 103–394, § 104(b)(1), redesignated (a) Except as provided in subsection (b) of this subsec. (d) as (e). section, the district courts shall have original 1990—Subsec. (c)(2). Pub. L. 101–650 inserted in second and exclusive jurisdiction of all cases under title sentence ‘‘or not to abstain’’ after ‘‘to abstain’’ and ‘‘by 11. the court of appeals under section 158(d), 1291, or 1292 of this title or by the Supreme Court of the United States (b) Notwithstanding any Act of Congress that under section 1254 of this title’’ before period at end. confers exclusive jurisdiction on a court or 1986—Subsec. (d). Pub. L. 99–554 substituted ‘‘and of courts other than the district courts, the dis- property of the estate’’ for ‘‘and of the estate’’. trict courts shall have original but not exclusive 1984—Pub. L. 98–353 in amending section generally, jurisdiction of all civil proceedings arising substituted ‘‘cases’’ for ‘‘matters’’ in section catchline, under title 11, or arising in or related to cases designated existing provision as subsec. (a), and in sub- under title 11. sec. (a) as so designated, substituted ‘‘Except as pro- (c)(1) Nothing in this section prevents a dis- vided in subsection (b) of this section, the district’’ for ‘‘The district’’ and ‘‘original and exclusive jurisdiction trict court in the interest of justice, or in the in- of all cases under title 11’’ for ‘‘original jurisdiction, terest of comity with State courts or respect for exclusive of the courts of the States, of all matters and State law, from abstaining from hearing a par- proceedings in bankruptcy’’, and added subsecs. (b) to ticular proceeding arising under title 11 or aris- (d). ing in or related to a case under title 11. 1978—Pub. L. 95–598 directed the general amendment (2) Upon timely motion of a party in a pro- of section to relate to bankruptcy appeals, which ceeding based upon a State law claim or State amendment did not become effective pursuant to sec- law , related to a case under title tion 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, 11 but not arising under title 11 or arising in a Bankruptcy. case under title 11, with respect to which an ac- tion could not have been commenced in a court EFFECTIVE DATE OF 1994 AMENDMENT of the United States absent jurisdiction under Amendment by Pub. L. 103–394 effective Oct. 22, 1994, this section, the district court shall abstain and not applicable with respect to cases commenced from hearing such proceeding if an action is under Title 11, Bankruptcy, before Oct. 22, 1994, see sec- commenced, and can be timely adjudicated, in a tion 702 of Pub. L. 103–394, set out as a note under sec- State forum of appropriate jurisdiction. tion 101 of Title 11. (d) Any decision to abstain or not to abstain EFFECTIVE DATE OF 1986 AMENDMENT made under this subsection 1 (other than a deci- Amendment by Pub. L. 99–554 effective 30 days after sion not to abstain in a proceeding described in Oct. 27, 1986, see section 302(a) of Pub. L. 99–554, set out subsection (c)(2)) is not reviewable by appeal or as a note under section 581 of this title. otherwise by the court of appeals under section EFFECTIVE DATE OF 1984 AMENDMENT 158(d), 1291, or 1292 of this title or by the Su- preme Court of the United States under section Amendment by Pub. L. 98–353 effective July 10, 1984, 1254 of this title. This subsection 1 shall not be except that subsec. (c)(2) not applicable with respect to cases under Title 11, Bankruptcy, that are pending on construed to limit the applicability of the stay July 10, 1984, or to proceedings arising in or related to provided for by section 362 of title 11, United such cases, see section 122(a), (b) of Pub. L. 98–353, set States Code, as such section applies to an action out as an Effective Date note under section 151 of this affecting the property of the estate in bank- title. ruptcy. JURISDICTION OVER AND TRANSFER OF BANKRUPTCY (e) The district court in which a case under CASES AND PROCEEDINGS title 11 is commenced or is pending shall have exclusive jurisdiction of all of the property, Section 115 of Pub. L. 98–353 provided that: ‘‘(a) On the date of the enactment of this Act [July wherever located, of the debtor as of the com- 10, 1984] the appropriate district court of the United mencement of such case, and of property of the States shall have jurisdiction of— estate. ‘‘(1) cases, and matters and proceedings in cases, under the Bankruptcy Act [former Title 11, Bank- (June 25, 1948, ch. 646, 62 Stat. 931; Pub. L. 95–598, ruptcy] that are pending immediately before such title II, § 238(a), Nov. 6, 1978, 92 Stat. 2667; Pub. L. date in the bankruptcy courts continued by section 404(a) of the Act of November 6, 1978 (Public Law 1 So in original. Probably should be a reference to subsection 95–598; 92 Stat. 2687) [formerly set out as a note pre- (c). See 1994 Amendment note below. ceding section 151 of this title], and

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‘‘(2) cases under title 11 of the United States Code, Provisions of section 41(26)(b) of title 28, U.S.C., 1940 and proceedings arising under title 11 of the United ed., relating to venue are the basis of section 1397 of States Code or arising in or related to cases under this title. (See, also, reviser’s note under said section.) title 11 of the United States Code, that are pending Subsections (c) and (d) of said section 41(26) relating immediately before such date in the bankruptcy to issuance of injunctions constitute section 2361 of courts continued by section 404(a) of the Act of No- this title. (See reviser’s note under said section.) vember 6, 1978 (Public Law 95–598; 92 Stat. 2687). Subsection (e) of such section 41(26), relating to de- ‘‘(b) On the date of the enactment of this Act [July fense in nature of interpleader and of additional 10, 1984], there shall be transferred to the appropriate parties, was omitted as unnecessary, such matters district court of the United States appeals from final being governed by the Federal Rules of Civil Procedure. judgments, orders, and decrees of the bankruptcy Changes were made in phraseology. courts pending immediately before such date in the bankruptcy appellate panels appointed under section § 1336. Surface Transportation Board’s orders 405(c) of the Act of November 6, 1978 (Public Law 95–598; 92 Stat. 2685) [formerly set out as a note preceding sec- (a) Except as otherwise provided by Act of tion 1471 of this title].’’ Congress, the district courts shall have jurisdic- tion of any civil action to enforce, in whole or § 1335. Interpleader in part, any order of the Surface Transportation (a) The district courts shall have original ju- Board, and to enjoin or suspend, in whole or in risdiction of any civil action of interpleader or part, any order of the Surface Transportation in the nature of interpleader filed by any person, Board for the payment of money or the collec- firm, or corporation, association, or society hav- tion of fines, penalties, and forfeitures. ing in his or its custody or possession money or (b) When a district court or the United States property of the value of $500 or more, or having Court of Federal Claims refers a question or issued a note, bond, certificate, policy of insur- issue to the Surface Transportation Board for ance, or other instrument of value or amount of determination, the court which referred the $500 or more, or providing for the delivery or question or issue shall have exclusive jurisdic- payment or the loan of money or property of tion of a civil action to enforce, enjoin, set such amount or value, or being under any obli- aside, annul, or suspend, in whole or in part, any gation written or unwritten to the amount of order of the Surface Transportation Board aris- $500 or more, if ing out of such referral. (1) Two or more adverse claimants, of diverse (c) Any action brought under subsection (b) of citizenship as defined in section 1332 of this this section shall be filed within 90 days from title, are claiming or may claim to be entitled the date that the order of the Surface Transpor- to such money or property, or to any one or tation Board becomes final. more of the benefits arising by virtue of any (June 25, 1948, ch. 646, 62 Stat. 931; Pub. L. 88–513, note, bond, certificate, policy or other instru- § 1, Aug. 30, 1964, 78 Stat. 695; Pub. L. 93–584, § 1, ment, or arising by virtue of any such obliga- Jan. 2, 1975, 88 Stat. 1917; Pub. L. 97–164, title I, tion; and if (2) the plaintiff has deposited such § 128, Apr. 2, 1982, 96 Stat. 39; Pub. L. 102–572, money or property or has paid the amount of or title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; the loan or other value of such instrument or Pub. L. 104–88, title III, § 305(a)(1), (2), Dec. 29, the amount due under such obligation into the 1995, 109 Stat. 944.) registry of the court, there to abide the judg- HISTORICAL AND REVISION NOTES ment of the court, or has given bond payable to the clerk of the court in such amount and with Based on title 28, U.S.C., 1940 ed., § 41(27), (28) (Mar. 3, such surety as the court or judge may deem 1911, ch. 231, §§ 24(27), (28), 207, 36 Stat. 1091, 1148; Oct. 22, proper, conditioned upon the compliance by the 1913, ch. 32, 38 Stat. 219). Words ‘‘Except as otherwise provided by enactment of plaintiff with the future order or judgment of Congress’’ were inserted because of certain similar the court with respect to the subject matter of cases of which the courts of appeals are given jurisdic- the controversy. tion. (See, for example, section 21 of title 15, U.S.C., (b) Such an action may be entertained al- 1940 ed., Commerce and Trade.) though the titles or claims of the conflicting Words ‘‘any civil action’’ were substituted for ‘‘all claimants do not have a common origin, or are cases’’ and ‘‘cases’’ in view of Rule 2 of the Federal not identical, but are adverse to and independ- Rules of Civil Procedure. ent of one another. Changes were made in phraseology. AMENDMENTS (June 25, 1948, ch. 646, 62 Stat. 931.) 1995—Pub. L. 104–88 substituted ‘‘Surface Transpor- HISTORICAL AND REVISION NOTES tation Board’s’’ for ‘‘Interstate Commerce Commis- Based on title 28, U.S.C., 1940 ed., § 41(26) (Mar. 3, 1911, sion’s’’ in section catchline and ‘‘Surface Transpor- ch. 231, § 24, par. 26, as added Jan. 20, 1936, ch. 13, § 1, 49 tation Board’’ for ‘‘Interstate Commerce Commission’’ Stat. 1096). wherever appearing in text. Words ‘‘civil action’’ were substituted for ‘‘suits in 1992—Subsec. (b). Pub. L. 102–572 substituted ‘‘United equity’’; word ‘‘plaintiff’’ was substituted for ‘‘com- States Court of Federal Claims’’ for ‘‘United States plainant’’; and word ‘‘judgment’’ was substituted for Claims Court’’. ‘‘decree,’’ in order to make the language of this section 1982—Subsec. (b). Pub. L. 97–164 substituted ‘‘United conform with the Federal Rules of Civil Procedure. States Claims Court’’ for ‘‘Court of Claims’’. The words ‘‘duly verified’’ following ‘‘in the nature of 1975—Subsec. (a). Pub. L. 93–584 substituted provi- interpleader,’’ near the beginning of the section, were sions that the district courts shall have jurisdiction of omitted. Under Rule 11 of the Federal Rules of Civil civil actions to enforce, in whole or in part, orders of Procedure are no longer required to be veri- the Interstate Commerce Commission, and to enjoin or fied or accompanied by affidavit unless specially re- suspend, in whole or in part, any order of the Interstate quired by statute. Although verification was specially Commerce Commission for the payment of money or required by section 41(26) of title 28, U.S.C., 1940 ed., the the collection of fines, penalties, and forfeitures, for need therefor is not apparent. provisions that the district courts shall have jurisdic-

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tion of civil actions to enforce, enjoin, set aside, annul Changes were made in phraseology. or suspend, in whole or in part, any order of the Inter- state Commerce Commission. AMENDMENTS 1964—Pub. L. 88–513 designated existing provisions as 1995—Subsecs. (a), (b). Pub. L. 104–88 substituted subsec. (a) and added subsecs. (b) and (c). ‘‘11706 or 14706’’ for ‘‘11707’’. 1983—Pub. L. 97–449 substituted ‘‘section 11707 of title EFFECTIVE DATE OF 1995 AMENDMENT 49’’ for ‘‘section 20(11) of part I of the Interstate Com- Amendment by Pub. L. 104–88 effective Jan. 1, 1996, merce Act (49 U.S.C. 20(11)) or section 219 of part II of see section 2 of Pub. L. 104–88, set out as an Effective such Act (49 U.S.C. 319)’’ wherever appearing. Date note under section 701 of Title 49, Transportation. 1980—Subsec. (c). Pub. L. 96–417 added subsec. (c). 1978—Pub. L. 95–486 designated existing provisions as EFFECTIVE DATE OF 1992 AMENDMENT subsec. (a), inserted proviso giving the district courts Amendment by Pub. L. 102–572 effective Oct. 29, 1992, original jurisdiction of actions brought under sections see section 911 of Pub. L. 102–572, set out as a note 20(11) and 219 of the Interstate Commerce Act when the under section 171 of this title. amounts in controversy for each receipt exceed $10,000, exclusive of interests and costs, and added subsec. (b). EFFECTIVE DATE OF 1982 AMENDMENT EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under Amendment by Pub. L. 104–88 effective Jan. 1, 1996, section 171 of this title. see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 701 of Title 49, Transportation. EFFECTIVE DATE OF 1975 AMENDMENT EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 93–584 not applicable to ac- tions commenced on or before last day of first month Amendment by Pub. L. 96–417 effective Nov. 1, 1980, beginning after Jan. 2, 1975, and actions to enjoin or and applicable with respect to civil actions pending on suspend orders of Interstate Commerce Commission or commenced on or after such date, see section 701(a) which are pending when this amendment becomes effec- of Pub. L. 96–417, set out as a note under section 251 of tive shall not be affected thereby, but shall proceed to this title. final disposition under the law existing on the date they were commenced, see section 10 of Pub. L. 93–584, § 1338. Patents, plant variety protection, copy- set out as a note under section 2321 of this title. rights, mask works, designs, trademarks, and unfair competition § 1337. Commerce and antitrust regulations; amount in controversy, costs (a) The district courts shall have original ju- risdiction of any civil action arising under any (a) The district courts shall have original ju- Act of Congress relating to patents, plant vari- risdiction of any civil action or proceeding aris- ety protection, copyrights and trademarks. ing under any Act of Congress regulating com- Such jurisdiction shall be exclusive of the courts merce or protecting trade and commerce against of the states in patent, plant variety protection restraints and monopolies: Provided, however, and copyright cases. That the district courts shall have original ju- (b) The district courts shall have original ju- risdiction of an action brought under section risdiction of any civil action asserting a claim 11706 or 14706 of title 49, only if the matter in of unfair competition when joined with a sub- controversy for each receipt or bill of lading ex- stantial and related claim under the copyright, ceeds $10,000, exclusive of interest and costs. patent, plant variety protection or trademark (b) Except when express provision therefor is laws. otherwise made in a statute of the United (c) Subsections (a) and (b) apply to exclusive States, where a plaintiff who files the case under rights in mask works under chapter 9 of title 17, section 11706 or 14706 of title 49, originally in the and to exclusive rights in designs under chapter Federal courts is finally adjudged to be entitled 13 of title 17, to the same extent as such sub- to recover less than the sum or value of $10,000, sections apply to copyrights. computed without regard to any setoff or coun- terclaim to which the defendant may be ad- (June 25, 1948, ch. 646, 62 Stat. 931; Pub. L. 91–577, judged to be entitled, and exclusive of any inter- title III, § 143(b), Dec. 24, 1970, 84 Stat. 1559; Pub. est and costs, the district court may deny costs L. 100–702, title X, § 1020(a)(4), Nov. 19, 1988, 102 to the plaintiff and, in addition, may impose Stat. 4671; Pub. L. 105–304, title V, § 503(b)(1), costs on the plaintiff. (2)(A), Oct. 28, 1998, 112 Stat. 2917; Pub. L. (c) The district courts shall not have jurisdic- 106–113, div. B, § 1000(a)(9) [title III, § 3009(1)], tion under this section of any matter within the Nov. 29, 1999, 113 Stat. 1536, 1501A–551.) exclusive jurisdiction of the Court of Inter- HISTORICAL AND REVISION NOTES national Trade under chapter 95 of this title. Based on title 28, U.S.C., 1940 ed., §§ 41(7) and 371(5) (June 25, 1948, ch. 646, 62 Stat. 931; Pub. L. 95–486, (Mar. 3, 1911, ch. 231, §§ 24, par. 7, 256, par. 5, 36 Stat. § 9(a), Oct. 20, 1978, 92 Stat. 1633; Pub. L. 96–417, 1092, 1160). title V, § 505, Oct. 10, 1980, 94 Stat. 1743; Pub. L. Section consolidates section 41(7) with section 371 (5) 97–449, § 5(f), Jan. 12, 1983, 96 Stat. 2442; Pub. L. of title 28, U.S.C., 1940 ed., with necessary changes in phraseology. 104–88, title III, § 305(a)(3), Dec. 29, 1995, 109 Stat. Words ‘‘of any civil action’’ were substituted for ‘‘all 944.) suits at law or in equity’’ and ‘‘cases’’ to conform sec- tion to Rule 2 of the Federal Rules of Civil Procedure. HISTORICAL AND REVISION NOTES Word ‘‘patents’’ was substituted for ‘‘patent-right’’ in Based on title 28, U.S.C., 1940 ed., § 41(8), (23) (Mar. 3, said section 371 (Fifth) of title 28, U.S.C., 1940 ed. 1911, ch. 231, § 24, pars. 8, 23, 36 Stat. 1092, 1093; Oct. 22, Similar provisions respecting suits cognizable in dis- 1913, ch. 32, 38 Stat. 219). trict courts, including those of territories and posses- Words ‘‘civil action’’ were substituted for ‘‘suits’’, in sions. (See section 34 of title 17, U.S.C., 1940 ed., Copy- view of Rule 2 of the Federal Rules of Civil Procedure. rights.)

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Subsection (b) is added and is intended to avoid AMENDMENTS ‘‘piecemeal’’ litigation to enforce common-law and 1980—Pub. L. 96–417 redesignated the Customs Court statutory copyright, patent, and trade-mark rights by as the Court of International Trade. specifically permitting such enforcement in a single civil action in the district court. While this is the rule EFFECTIVE DATE OF 1980 AMENDMENT under Federal decisions, this section would enact it as Amendment by Pub. L. 96–417 effective Nov. 1, 1980, statutory authority. The problem is discussed at length and applicable with respect to civil actions pending on in Hurn v. Oursler (1933, 53 S.Ct. 586, 289 U.S. 238, 77 or commenced on or after such date, see section 701(a) L.Ed. 1148) and in Musher Foundation v. Alba Trading Co. of Pub. L. 96–417, set out as a note under section 251 of (C.C.A. 1942, 127 F.2d 9) (majority and dissenting opin- this title. ions). § 1341. Taxes by States AMENDMENTS 1999—Pub. L. 106–113 substituted ‘‘trademarks’’ for The district courts shall not enjoin, suspend or ‘‘trade-marks’’ in section catchline and subsec. (a) and restrain the assessment, levy or collection of substituted ‘‘trademark’’ for ‘‘trade-mark’’ in subsec. any tax under State law where a plain, speedy (b). and efficient remedy may be had in the courts of 1998—Pub. L. 105–304, § 503(b)(2)(A), inserted ‘‘de- such State. signs,’’ after ‘‘mask works,’’ in section catchline. (June 25, 1948, ch. 646, 62 Stat. 932.) Subsec. (c). Pub. L. 105–304, § 503(b)(1), inserted ‘‘, and to exclusive rights in designs under chapter 13 of title HISTORICAL AND REVISION NOTES 17,’’ after ‘‘title 17’’. Based on title 28, U.S.C., 1940 ed., § 41(1) (Mar. 3, 1911, 1988—Pub. L. 100–702, § 1020(a)(4)(B), amended section ch. 231, § 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, § 1, catchline generally, inserting ‘‘mask works,’’ after 48 Stat. 775; Aug. 21, 1937, ch. 726, § 1, 50 Stat. 738; Apr. ‘‘copyrights,’’. 20, 1940, ch. 117, 54 Stat. 143). Subsec. (c). Pub. L. 100–702, § 1020(a)(4)(A), added sub- This section restates the last sentence of section 41(1) sec. (c). of title 28, U.S.C., 1940 ed. 1970—Pub. L. 91–577 inserted references to ‘‘plant va- Other provisions of section 41(1) of title 28, U.S.C., riety protection’’ in section catchline and in subsecs. 1940 ed., are incorporated in sections 1331, 1332, 1342, (a) and (b). 1345, 1354, and 1359 of this title. Words ‘‘at law or in equity’’ before ‘‘in the courts of EFFECTIVE DATE OF 1970 AMENDMENT such State’’ were omitted as unnecessary. Amendment by Pub. L. 91–577 effective Dec. 24, 1970, Words ‘‘civil action’’ were substituted for ‘‘suit’’ in see section 141 of Pub. L. 91–577, set out as an Effective view of Rule 2 of the Federal Rules of Civil Procedure. Date note under section 2321 of Title 7, Agriculture. Words ‘‘under State law’’ were substituted for ‘‘im- posed by or pursuant to the laws of any State’’ for the § 1339. Postal matters same reason. The district courts shall have original juris- § 1342. Rate orders of State agencies diction of any civil action arising under any Act The district courts shall not enjoin, suspend or of Congress relating to the postal service. restrain the operation of, or compliance with, (June 25, 1948, ch. 646, 62 Stat. 932.) any order affecting rates chargeable by a public utility and made by a State administrative HISTORICAL AND REVISION NOTES agency or a rate-making body of a State politi- Based on title 28, U.S.C., 1940 ed., § 41(6) (Mar. 3, 1911, cal subdivision, where: ch. 231, § 24, par. 6, 36 Stat. 1092). (1) Jurisdiction is based solely on diversity Changes were made in phraseology. of citizenship or repugnance of the order to the Federal Constitution; and, § 1340. Internal revenue; customs duties (2) The order does not interfere with inter- The district courts shall have original juris- state commerce; and, diction of any civil action arising under any Act (3) The order has been made after reasonable of Congress providing for internal revenue, or notice and hearing; and, (4) A plain, speedy and efficient remedy may revenue from imports or tonnage except matters be had in the courts of such State. within the jurisdiction of the Court of Inter- national Trade. (June 25, 1948, ch. 646, 62 Stat. 932.) (June 25, 1948, ch. 646, 62 Stat. 932; Pub. L. 96–417, HISTORICAL AND REVISION NOTES title V, § 501(21), Oct. 10, 1980, 94 Stat. 1742.) Based on title 28, U.S.C., 1940 ed., § 41(1) (Mar. 3, 1911, ch. 231, § 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, § 1, HISTORICAL AND REVISION NOTES 48 Stat. 775; Aug. 21, 1937, ch. 726, § 1, 50 Stat. 738; Apr. Based on title 28, U.S.C., 1940 ed., § 41(5) (Mar. 3, 1911, 20, 1940, ch. 117, 54 Stat. 143). ch. 231, § 24, par. 5, 36 Stat. 1092; Mar. 2, 1929, ch. 488, § 1, This section rearranges and restates the fourth sen- 45 Stat. 1475). tence of section 41(1) of title 28, U.S.C., 1940 ed. Words ‘‘Customs Court’’ were substituted for ‘‘Court Other provisions of section 41(1) of title 28, U.S.C., of Customs and Patent Appeals.’’ Section 41(5) of title 1940 ed., are incorporated in sections 1331, 1332, 1341, 28, U.S.C., 1940 ed., is based on the Judicial Code of 1911. 1345, 1354, and 1359 of this title. Words ‘‘at law or in equity’’ before ‘‘in the courts of At that time the only court, other than the district such State’’ were omitted as unnecessary. courts, having jurisdiction of customs cases, was the Words ‘‘civil action’’ were substituted for ‘‘suit,’’ in Court of Customs Appeals which became the Court of view of Rule 2 of the Federal Rules of Civil Procedure. Customs and Patent Appeals in 1929. The Customs Word ‘‘operation’’ was substituted for ‘‘enforcement, Court was created in 1926 as a court of original jurisdic- operation or execution’’ for the same reason. tion over customs cases. (See reviser’s note preceding section 251 of this title.) § 1343. Civil rights and elective franchise Words ‘‘any civil action’’ were substituted for ‘‘all cases’’ in view of Rule 2 of the Federal Rules of Civil (a) The district courts shall have original ju- Procedure. risdiction of any civil action authorized by law Changes were made in phraseology. to be commenced by any person:

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(1) To recover for injury to his per- The jurisdiction under this section shall ex- son or property, or because of the deprivation tend only so far as to determine the rights of the of any right or privilege of a citizen of the parties to office by reason of the denial of the United States, by any act done in furtherance right, guaranteed by the Constitution of the of any conspiracy mentioned in section 1985 of United States and secured by any law, to enforce Title 42; the right of citizens of the United States to vote (2) To recover damages from any person who in all the States. fails to prevent or to aid in preventing any (June 25, 1948, ch. 646, 62 Stat. 932.) wrongs mentioned in section 1985 of Title 42 which he had knowledge were about to occur HISTORICAL AND REVISION NOTES and power to prevent; Based on title 28, U.S.C., 1940 ed., § 41(15) (Mar. 3, 1911, (3) To redress the deprivation, under color of ch. 231, § 24, par. 15, 36 Stat. 1092). any State law, statute, ordinance, regulation, Words ‘‘civil action’’ were substituted for ‘‘suits,’’ in custom or usage, of any right, privilege or im- view of Rule 2 of the Federal Rules of Civil Procedure. munity secured by the Constitution of the Words ‘‘United States Senator’’ were added, as no United States or by any Act of Congress pro- reason appears for including Representatives and ex- viding for equal rights of citizens or of all per- cluding Senators. Moreover, the Seventeenth amend- sons within the jurisdiction of the United ment, providing for the popular election of Senators, was adopted after the passage of the 1911 law on which States; this section is based. (4) To recover damages or to secure equi- Changes were made in phraseology. table or other relief under any Act of Congress providing for the protection of civil rights, in- § 1345. United States as plaintiff cluding the right to vote. Except as otherwise provided by Act of Con- (b) For purposes of this section— gress, the district courts shall have original ju- (1) the District of Columbia shall be consid- risdiction of all civil actions, suits or proceed- ered to be a State; and ings commenced by the United States, or by any (2) any Act of Congress applicable exclu- agency or officer thereof expressly authorized to sively to the District of Columbia shall be con- sue by Act of Congress. sidered to be a statute of the District of Co- lumbia. (June 25, 1948, ch. 646, 62 Stat. 933.) (June 25, 1948, ch. 646, 62 Stat. 932; Sept. 3, 1954, HISTORICAL AND REVISION NOTES ch. 1263, § 42, 68 Stat. 1241; Pub. L. 85–315, part Based on title 28, U.S.C., 1940 ed., § 41(1) (Mar. 3, 1911, III, § 121, Sept. 9, 1957, 71 Stat. 637; Pub. L. 96–170, ch. 231, § 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, § 1, § 2, Dec. 29, 1979, 93 Stat. 1284.) 48 Stat. 775; Aug. 21, 1937, ch. 726, § 1, 50 Stat. 738; Apr. 20, 1940, ch. 117, 54 Stat. 143). HISTORICAL AND REVISION NOTES Other provisions of section 41(1) of title 28, U.S.C., Based on title 28, U.S.C., 1940 ed., § 41(12), (13), and (14) 1940 ed., are incorporated in sections 1331, 1332, 1341, (Mar. 3, 1911, ch. 231, § 24, pars. 12, 13, 14, 36 Stat. 1092). 1342, 1354, and 1359 of this title. Words ‘‘civil action’’ were substituted for ‘‘suits,’’ Words ‘‘civil actions, suits or proceedings’’ were sub- ‘‘suits at law or in equity’’ in view of Rule 2 of the Fed- stituted for ‘‘suits of a civil nature, at common law or eral Rules of Civil Procedure. in equity’’ in view of Rules 2 and 81(a)(7) of the Federal Numerous changes were made in arrangement and Rules of Civil Procedure. phraseology. Word ‘‘agency’’ was inserted in order that this sec- tion shall apply to actions by agencies of the Govern- AMENDMENTS ment and to conform with special acts authorizing such 1979—Pub. L. 96–170 designated existing provisions as actions. (See definitive section 451 of this title.) subsec. (a) and added subsec. (b). The phrase ‘‘Except as otherwise provided by Act of 1957—Pub. L. 85–315 inserted ‘‘and elective franchise’’ Congress,’’ at the beginning of the section was inserted in section catchline and added par. (4). to make clear that jurisdiction exists generally in dis- 1954—Act Sept. 3, 1954, substituted ‘‘section 1985 of trict courts in the absence of special provisions confer- Title 42’’ for ‘‘section 47 of Title 8’’ wherever appearing. ring it elsewhere. Changes were made in phraseology. EFFECTIVE DATE OF 1979 AMENDMENT Section 3 of Pub. L. 96–170 provided that: ‘‘The § 1346. United States as defendant amendments made by this Act [amending this section and section 1983 of Title 42, The Public Health and Wel- (a) The district courts shall have original ju- fare] shall apply with respect to any deprivation of risdiction, concurrent with the United States rights, privileges, or immunities secured by the Con- Court of Federal Claims, of: stitution and laws occurring after the date of the en- (1) Any civil action against the United actment of this Act [Dec. 29, 1979].’’ States for the recovery of any internal-reve- nue tax alleged to have been erroneously or il- § 1344. Election disputes legally assessed or collected, or any penalty The district courts shall have original juris- claimed to have been collected without au- diction of any civil action to recover possession thority or any sum alleged to have been exces- of any office, except that of elector of President sive or in any manner wrongfully collected or Vice President, United States Senator, Rep- under the internal-revenue laws; resentative in or delegate to Congress, or mem- (2) Any other civil action or claim against ber of a state legislature, authorized by law to the United States, not exceeding $10,000 in be commenced, where in it appears that the sole amount, founded either upon the Constitution, question touching the title to office arises out of or any Act of Congress, or any regulation of an denial of the right to vote, to any citizen offer- executive department, or upon any express or ing to vote, on account of race, color or previous implied contract with the United States, or condition of servitude. for liquidated or unliquidated damages in

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cases not sounding in tort, except that the dis- 80 Stat. 1148; Pub. L. 91–350, § 1(a), July 23, 1970, trict courts shall not have jurisdiction of any 84 Stat. 449; Pub. L. 92–562, § 1, Oct. 25, 1972, 86 civil action or claim against the United States Stat. 1176; Pub. L. 94–455, title XII, § 1204(c)(1), founded upon any express or implied contract title XIII, § 1306(b)(7), Oct. 4, 1976, 90 Stat. 1697, with the United States or for liquidated or un- 1719; Pub. L. 95–563, § 14(a), Nov. 1, 1978, 92 Stat. liquidated damages in cases not sounding in 2389; Pub. L. 97–164, title I, § 129, Apr. 2, 1982, 96 tort which are subject to sections 8(g)(1) and Stat. 39; Pub. L. 97–248, title IV, § 402(c)(17), Sept. 10(a)(1) of the Contract Disputes Act of 1978. 3, 1982, 96 Stat. 669; Pub. L. 99–514, § 2, Oct. 22, For the purpose of this paragraph, an express 1986, 100 Stat. 2095; Pub. L. 102–572, title IX, or implied contract with the Army and Air § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. Force Exchange Service, Navy Exchanges, Ma- 104–134, title I, § 101[(a)] [title VIII, § 806], Apr. 26, rine Corps Exchanges, Coast Guard Exchanges, 1996, 110 Stat. 1321, 1321–75; renumbered title I, or Exchange Councils of the National Aero- Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; nautics and Space Administration shall be Pub. L. 104–331, § 3(b)(1), Oct. 26, 1996, 110 Stat. considered an express or implied contract with 4069.) the United States. HISTORICAL AND REVISION NOTES (b)(1) Subject to the provisions of chapter 171 1948 ACT of this title, the district courts, together with the United States District Court for the District Based on title 28, U.S.C., 1940 ed., §§ 41(20), 931(a), 932 (Mar. 3, 1911, ch. 231, § 24, par. 20, 36 Stat. 1093; Nov. 23, of the Canal Zone and the District Court of the 1921, ch. 136, § 1310(c), 42 Stat. 311; June 2, 1924, ch. 234, Virgin Islands, shall have exclusive jurisdiction § 1025(c), 43 Stat. 348; Feb. 24, 1925, ch. 309, 43 Stat. 972; of civil actions on claims against the United Feb. 26, 1926, ch. 27, §§ 1122(c), 1200, 44 Stat. 121, 125; Aug. States, for money damages, accruing on and 2, 1946, ch. 753, §§ 410(a), 411, 60 Stat. 843). after January 1, 1945, for injury or loss of prop- Section consolidates provisions of section 41(20) con- erty, or personal injury or death caused by the ferring jurisdiction upon the district court, in civil ac- negligent or wrongful act or omission of any em- tions against the United States, with the first sentence ployee of the Government while acting within of section 931(a) relating to jurisdiction of the district courts in tort claims cases, and those provisions of sec- the scope of his office or employment, under cir- tion 932 making the provisions of said section 41(20), re- cumstances where the United States, if a private lating to counterclaim and set-off, applicable to tort person, would be liable to the claimant in ac- claims cases, all of title 28, U.S.C., 1940 ed. cordance with the law of the place where the act Provision in section 931(a) of title 28, U.S.C., 1940 ed., or omission occurred. for without a , is incorporated in section 2402 (2) No person convicted of a felony who is in- of this revised title. For other provisions thereof, see carcerated while awaiting sentencing or while Distribution Table. serving a sentence may bring a civil action Words ‘‘commencing an action under this section’’ in against the United States or an agency, officer, subsec. (c) of this revised section cover the provision in section 932 of title 28, U.S.C., 1940 ed., requiring that or employee of the Government, for mental or the same provisions ‘‘for counterclaim and set-off’’ emotional injury suffered while in custody with- shall apply to tort claims cases brought in the district out a prior showing of physical injury. courts. (c) The jurisdiction conferred by this section The phrase in section 931(a) of title 28, U.S.C., 1940 includes jurisdiction of any set-off, counter- ed., ‘‘accruing on and after January 1, 1945’’ was omit- claim, or other claim or demand whatever on ted because executed as of the date of the enactment of the part of the United States against any plain- this revised title. tiff commencing an action under this section. Provisions in section 41(20) of title 28, U.S.C., 1940 ed., relating to time for commencing action against United (d) The district courts shall not have jurisdic- States and jury trial constitute sections 2401 and 2402 of tion under this section of any civil action or this title. (See reviser’s notes under said sections.) claim for a pension. Words in section 41(20) of title 28, U.S.C., 1940 ed., (e) The district courts shall have original ju- ‘‘commenced after passage of the Revenue Act of 1921’’ risdiction of any civil action against the United were not included in revised subsection (a)(1) because States provided in section 6226, 6228(a), 7426, or obsolete and superfluous. Actions under this section in- 7428 (in the case of the United States district volving erroneous or illegal assessments by the collec- court for the District of Columbia) or section tor of taxes would be barred unless filed within the 5- 7429 of the Internal Revenue Code of 1986. year limitation period of section 1113(a) of the Revenue Act of 1926, 44 Stat. 9, 116. (See United States v. A. S. (f) The district courts shall have exclusive Kreider Co., 1941, 61 S.Ct. 1007, 313 U.S. 443, 85 L.Ed. original jurisdiction of civil actions under sec- 1447.) tion 2409a to quiet title to an estate or interest Words in section 41(20) of title 28, U.S.C., 1940 ed., ‘‘if in real property in which an interest is claimed the collector of internal revenue is dead or is not in of- by the United States. fice at the time such action or proceeding is com- (g) Subject to the provisions of chapter 179, menced’’ were omitted. the district courts of the United States shall The revised section retains the language of section have exclusive jurisdiction over any civil action 41(20) of title 28, U.S.C., 1940 ed., with respect to actions commenced under section 453(2) of title 3, by a against the United States if the collector is dead or not in office when action is commenced, and consequently covered employee under chapter 5 of such title. maintains the long existing distinctions in practice be- (June 25, 1948, ch. 646, 62 Stat. 933; Apr. 25, 1949, tween actions against the United States and actions ch. 92, § 2(a), 63 Stat. 62; May 24, 1949, ch. 139, against the collector who made the assessment or col- § 80(a), (b), 63 Stat. 101; Oct. 31, 1951, ch. 655, lection. In the latter class of actions either party may demand a jury trial while jury trial is denied in actions § 50(b), 65 Stat. 727; July 30, 1954, ch. 648, § 1, 68 against the United States. See section 2402 of this title. Stat. 589; Pub. L. 85–508, § 12(e), July 7, 1958, 72 In reality all such actions are against the United Stat. 348; Pub. L. 88–519, Aug. 30, 1964, 78 Stat. States and not against local collectors. (See Lowe v. 699; Pub. L. 89–719, title II, § 202(a), Nov. 2, 1966, United States, 1938, 58 S.Ct. 896, 304 U.S. 302, 82 L.Ed.

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1362; Manseau v. United States, D.C.Mich. 1943, 52 1978—Subsec. (a)(2). Pub. L. 95–563 excluded from the F.Supp. 395, and Combined Metals Reduction Co. v. United jurisdiction of district courts civil actions or claims States, D.C.Utah 1943, 53 F.Supp. 739.) against the United States founded upon any express or The revised subsection (c)(1) omitted clause: ‘‘but no implied contract with the United States or for damages suit pending on the 27th day of June 1898 shall abate or in cases not sounding in tort subject to sections 8(g)(1) be affected by this provision,’’ contained in section and 10(a)(1) of the Contract Disputes Act of 1978. 41(20) of title 28, U.S.C., 1940 ed., as obsolete and super- 1976—Subsec. (e). Pub. L. 94–455 inserted ‘‘or section fluous. The words contained in section 41(20) of title 28, 7429’’ and ‘‘or section 7428 (in the case of the United U.S.C., 1940 ed., ‘‘claims growing out of the Civil War, States district court for the District of Columbia)’’, and commonly known as ‘war-claims,’ or to hear and after ‘‘section 7426’’. determine other claims which had been reported ad- 1972—Subsec. (f). Pub. L. 92–562 added subsec. (f). versely prior to the 3d day of March 1887 by any court, 1970—Subsec. (a)(2). Pub. L. 91–350 specified that the department, or commission authorized to have and de- term ‘‘express or implied contracts with the United termine the same,’’ were omitted for the same reason. States’’ includes express or implied contracts with the The words ‘‘in a civil action or in admiralty,’’ in sub- Army and Air Force Exchange Service, Navy Ex- section (a)(2), were substituted for ‘‘either in a court of changes, Marine Corps Exchanges, Coast Guard Ex- law, equity, or admiralty’’ to conform to Rule 2 of the changes, or Exchange Councils of the National Aero- Federal Rules of Civil Procedure. nautics and Space Administration. Words in section 41(20) ‘‘in respect to which claims 1966—Subsec. (e). Pub. L. 89–719 added subsec. (e). the party would be entitled to redress against the 1964—Subsec. (d). Pub. L. 88–519 struck out provisions United States, either in a court of law, equity, or admi- which prohibited district courts from exercising juris- ralty, if the United States were suable’’ were omitted diction of civil actions or claims to recover fees, salary, from subsection (a)(2) of this revised section as unnec- or compensation for official services of officers or em- essary. See reviser’s note under section 1491 of this ployees of the United States. title. 1958—Subsec. (b). Pub. L. 85–508 struck out reference For jurisdiction of The Tax Court to review claims to District Court for Territory of Alaska. See section for refunds of processing taxes collected under the un- 81A of this title which establishes a United States Dis- constitutional Agriculture Adjustment Act, see sec- trict Court for the State of Alaska. tions 644–659 of title 7, U.S.C., 1940 ed., Agriculture, and 1954—Subsec. (a)(1). Act July 30, 1954, struck out lan- the 1942 Revenue Act, Act Oct. 21, 1942, ch. 610, title V, guage imposing jurisdictional limitation of $10,000 on § 510(a), (c), (d), 56 Stat. 667. (See, also, Lamborn v. suits to recover taxes. United States, C.C.P.A. 1939, 104 F.2d 75, de- 1951—Subsec. (d). Act Oct. 31, 1951, inserted references nied 60 S.Ct. 115, 308 U.S. 589, 84 L.Ed. 493.) to ‘‘claim’’ and ‘‘employees’’. See, also, reviser’s note under section 1491 of this 1949—Subsec. (a)(1). Act May 24, 1949, § 80(a), inserted title as to jurisdiction of the Court of Claims in suits ‘‘, (i) if the claim does not exceed $10,000 or (ii)’’. against the United States generally. For venue of ac- Subsec. (b). Acts Apr. 25, 1949, and May 24, 1949, § 80(b), tions under this section, see section 1402 of this title made a technical change to correct ‘‘chapter 173’’ to and reviser’s note thereunder. read ‘‘chapter 171’’, and inserted ‘‘on and after January Minor changes were made in phraseology. 1, 1945’’ after ‘‘for money damages’’.

SENATE REVISION AMENDMENT EFFECTIVE DATE OF 1996 AMENDMENT The provision of title 28, U.S.C., § 932, which related Amendment by Pub. L. 104–331 effective Oct. 1, 1997, to application of the Federal Rules of Civil Procedure, see section 3(d) of Pub. L. 104–331, set out as an Effec- were originally set out in section 2676 of this revised tive Date note under section 1296 of this title. title, but such section 2676 was eliminated by Senate amendment. See 80th Congress Senate Report No. 1559, EFFECTIVE DATE OF 1992 AMENDMENT amendment No. 61. Amendment by Pub. L. 102–572 effective Oct. 29, 1992, 1949 ACT see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title. This section corrects typographical errors in section 1346(a)(1) of title 28, U.S.C., and in section 1346(b) of EFFECTIVE DATE OF 1982 AMENDMENTS such title. Amendment by Pub. L. 97–248 applicable to partner- REFERENCES IN TEXT ship taxable years beginning after Sept. 3, 1982, with provision for the applicability of the amendment to The internal-revenue laws, referred to in subsec. any partnership taxable year ending after Sept. 3, 1982, (a)(1), are classified generally to Title 26, Internal Rev- if the partnership, each partner, and each indirect part- enue Code. Sections 8(g)(1) and 10(a)(1) of the Contract Disputes ner requests such application and the Secretary of the Act of 1978, referred to in subsec. (a)(2), are classified to Treasury or his delegate consents to such application, sections 607(g)(1) and 609(a)(1) of Title 41, Public Con- see section 407(a)(1), (3) of Pub. L. 97–248, set out as an tracts. Effective Date note under section 6221 of Title 26, Inter- Sections 6226, 6228(a), 7426, 7428, and 7429 of the Inter- nal Revenue Code. nal Revenue Code of 1986, referred to in subsec. (e), are Amendment by Pub. L. 97–164 effective Oct. 1, 1982, classified to sections 6226, 6228(a), 7426, 7428, and 7429, see section 402 of Pub. L. 97–164, set out as a note under respectively, of Title 26, Internal Revenue Code. section 171 of this title.

AMENDMENTS EFFECTIVE DATE OF 1978 AMENDMENT 1996—Subsec. (b). Pub. L. 104–134 designated existing Amendment by Pub. L. 95–563 effective with respect provisions as par. (1) and added par. (2). to contracts entered into 120 days after Nov. 1, 1978 and, Subsec. (g). Pub. L. 104–331 added subsec. (g). at the election of the contractor, with respect to any 1992—Subsec. (a). Pub. L. 102–572 substituted ‘‘United claim pending at such time before the contracting offi- States Court of Federal Claims’’ for ‘‘United States cer or initiated thereafter, see section 16 of Pub. L. Claims Court’’. 95–563, set out as an Effective Date note under section 1986—Subsec. (e). Pub. L. 99–514 substituted ‘‘Internal 601 of Title 41, Public Contracts. Revenue Code of 1986’’ for ‘‘Internal Revenue Code of EFFECTIVE DATE OF 1970 AMENDMENT 1954’’. 1982—Subsec. (a). Pub. L. 97–164 substituted ‘‘United Section 2 of Pub. L. 91–350 provided that: States Claims Court’’ for ‘‘Court of Claims’’. ‘‘(a) In addition to granting jurisdiction over suits Subsec. (e). Pub. L. 97–248 substituted ‘‘section 6226, brought after the date of enactment of this Act [July 6228(a), 7426, or’’ for ‘‘section 7426 or section’’. 23, 1970], the provisions of this Act [amending this sec-

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tion and section 1491 of this title and section 724a of United States, or by direction of any officer former Title 31, Money and Finance] shall also apply to thereof, against any national banking associa- claims and civil actions dismissed before or pending on tion, any civil action to wind up the affairs of the date of enactment of this Act if the claim or civil any such association, and any action by a bank- action is based upon a transaction, omission, or breach that occurred not more than six years prior to the date ing association established in the district for of enactment of this Act [July 23, 1970]. which the court is held, under chapter 2 of Title ‘‘(b) The provisions of subsection (a) of this section 12, to enjoin the Comptroller of the Currency, or shall apply notwithstanding a determination or judg- any receiver acting under his direction, as pro- ment made prior to the date of enactment of this Act vided by such chapter. that the United States district courts or the United All national banking associations shall, for States Court of Claims did not have jurisdiction to en- the purposes of all other actions by or against tertain a suit on an express or implied contract with a them, be deemed citizens of the States in which nonappropriated fund instrumentality of the United States described in section 1 of this Act.’’ they are respectively located.

EFFECTIVE DATE OF 1966 AMENDMENT (June 25, 1948, ch. 646, 62 Stat. 933.) Section 203 of title II of Pub. L. 89–719 provided that: HISTORICAL AND REVISION NOTES ‘‘The amendments made by this title [amending this Based on title 28, U.S.C., 1940 ed., § 41(16) (Mar. 3, 1911, section and sections 1402 and 2410 of this title] shall ch. 231, § 24, par. 16, 36 Stat. 1092). apply after the date of the enactment of this Act [Nov. Words ‘‘any civil action’’ were substituted for ‘‘all 2, 1966].’’ cases,’’ in view of Rule 2 of the Federal Rules of Civil EFFECTIVE DATE OF 1958 AMENDMENT Procedure. Words ‘‘real, personal, or mixed, and all suits in eq- Amendment by Pub. L. 85–508 effective Jan. 3, 1959, on uity,’’ after ‘‘all other actions by or against them,’’ admission of Alaska into the Union pursuant to Proc. were omitted as superfluous. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, see notes set out EXCEPTION AS TO TRANSFER OF FUNCTIONS under section 81A of this title and preceding section 21 Functions vested by any provision of law in the of Title 48, Territories and Insular Possessions. Comptroller of the Currency, referred to in this section, TRANSFER OF FUNCTIONS were not included in the transfer of functions of offi- cers, agencies and employees of the Department of the For transfer of authorities, functions, personnel, and Treasury to the Secretary of the Treasury, made by assets of the Coast Guard, including the authorities Reorg. Plan No. 26 of 1950, § 1, eff. July 31, 1950, 15 F.R. and functions of the Secretary of Transportation relat- 4935, 64 Stat. 1280. See section 321(c)(2) of Title 31, ing thereto, to the Department of Homeland Security, Money and Finance. and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- § 1349. Corporation organized under federal law rity, and the Department of Homeland Security Reor- as party ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. The district courts shall not have jurisdiction of any civil action by or against any corporation TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE CANAL ZONE upon the ground that it was incorporated by or under an Act of Congress, unless the United For termination of the United States District Court States is the owner of more than one-half of its for the District of the Canal Zone at end of the ‘‘transi- tion period’’, being the 30-month period beginning Oct. capital stock. 1, 1979, and ending midnight Mar. 31, 1982, see Para- (June 25, 1948, ch. 646, 62 Stat. 934.) graph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96–70, HISTORICAL AND REVISION NOTES title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to Based on title 28, U.S.C., 1940 ed., § 42 (Feb. 13, 1925, sections 3831 and 3841 to 3843, respectively, of Title 22, ch. 229, § 12, 43 Stat. 941). Foreign Relations and Intercourse. Words ‘‘civil action’’ were substituted for ‘‘action or suit,’’ in view of Rule 2 of the Federal Rules of Civil § 1347. Partition action where United States is Procedure. joint tenant Minor changes were made in phraseology. The district courts shall have original juris- § 1350. Alien’s action for tort diction of any civil action commenced by any tenant in common or joint tenant for the parti- The district courts shall have original juris- tion of lands where the United States is one of diction of any civil action by an alien for a tort the tenants in common or joint tenants. only, committed in violation of the law of na- tions or a treaty of the United States. (June 25, 1948, ch. 646, 62 Stat. 933.) (June 25, 1948, ch. 646, 62 Stat. 934.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 41(25) (Mar. 3, 1911, HISTORICAL AND REVISION NOTES ch. 231, § 24, par. 25, 36 Stat. 1094). Based on title 28, U.S.C., 1940 ed., § 41(17) (Mar. 3, 1911, The venue provision in section 41(25) of title 28, ch. 231, § 24, par. 17, 36 Stat. 1093). U.S.C., 1940 ed., is incorporated in section 1399 of this Words ‘‘civil action’’ were substituted for ‘‘suits,’’ in title. view of Rule 2 of the Federal Rules of Civil Procedure. Words ‘‘civil action’’ were substituted for ‘‘suits in Changes in phraseology were made. equity,’’ in view of Rule 2 of the Federal Rules of Civil Procedure. TORTURE VICTIM PROTECTION A change was made in phraseology. Pub. L. 102–256, Mar. 12, 1992, 106 Stat. 73, provided that: § 1348. Banking association as party ‘‘SECTION 1. SHORT TITLE. The district courts shall have original juris- ‘‘This Act may be cited as the ‘Torture Victim Pro- diction of any civil action commenced by the tection Act of 1991’.

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‘‘SEC. 2. ESTABLISHMENT OF CIVIL ACTION. Words ‘‘civil action’’ were substituted for ‘‘suits,’’ ‘‘(a) LIABILITY.—An individual who, under actual or and ‘‘all suits and proceedings’’ in view of Rule 2 of the apparent authority, or color of law, of any foreign na- Federal Rules of Civil Procedure. tion— Changes were made in phraseology. ‘‘(1) subjects an individual to torture shall, in a civil action, be liable for damages to that individual; REFERENCES IN TEXT or Section 2 of the Diplomatic Relations Act, referred to ‘‘(2) subjects an individual to extrajudicial killing in par. (2), is classified to section 254a of Title 22, For- shall, in a civil action, be liable for damages to the eign Relations and Intercourse. individual’s legal representative, or to any person who may be a claimant in an action for wrongful AMENDMENTS death. 1978—Pub. L. 95–393 substituted ‘‘Consuls, vice con- ‘‘(b) EXHAUSTION OF REMEDIES.—A court shall decline suls, and members of a diplomatic mission as defend- to hear a claim under this section if the claimant has ant’’ for ‘‘Consuls and vice consuls as defendants’’ in not exhausted adequate and available remedies in the section catchline, designated existing provisions as in- place in which the conduct giving rise to the claim oc- troductory provision preceding par. (1), and in such in- curred. ‘‘(c) STATUTE OF LIMITATIONS.—No action shall be troductory provision as so designated, substituted maintained under this section unless it is commenced ‘‘civil actions and proceedings against—’’ for ‘‘actions within 10 years after the cause of action arose. and proceedings against consuls or vice consuls of for- eign states’’, and added pars. (1) and (2). ‘‘SEC. 3. DEFINITIONS. 1949—Act May 24, 1949, substituted ‘‘of all actions and ‘‘(a) EXTRAJUDICIAL KILLING.—For the purposes of proceedings’’ for ‘‘of any civil action’’. this Act, the term ‘extrajudicial killing’ means a delib- erated killing not authorized by a previous judgment EFFECTIVE DATE OF 1978 AMENDMENT pronounced by a regularly constituted court affording Amendment by Pub. L. 95–393 effective at end of nine- all the judicial guarantees which are recognized as in- ty-day period beginning on Sept. 30, 1978, see section 9 dispensable by civilized peoples. Such term, however, of Pub. L. 95–393, set out as an Effective Date note does not include any such killing that, under inter- under section 254a of Title 22, Foreign Relations and national law, is lawfully carried out under the author- Intercourse. ity of a foreign nation. ‘‘(b) TORTURE.—For the purposes of this Act— ‘‘(1) the term ‘torture’ means any act, directed § 1352. Bonds executed under federal law against an individual in the offender’s custody or The district courts shall have original juris- physical control, by which severe pain or suffering (other than pain or suffering arising only from or in- diction, concurrent with State courts, of any ac- herent in, or incidental to, lawful sanctions), whether tion on a bond executed under any law of the physical or mental, is intentionally inflicted on that United States, except matters within the juris- individual for such purposes as obtaining from that diction of the Court of International Trade individual or a third person information or a confes- under section 1582 of this title. sion, punishing that individual for an act that indi- vidual or a third person has committed or is sus- (June 25, 1948, ch. 646, 62 Stat. 934; Pub. L. 96–417, pected of having committed, intimidating or coercing title V, § 506, Oct. 10, 1980, 94 Stat. 1743.) that individual or a third person, or for any reason HISTORICAL AND REVISION NOTES based on discrimination of any kind; and ‘‘(2) mental pain or suffering refers to prolonged This section is necessary to permit actions in the dis- mental harm caused by or resulting from— trict courts upon any bond authorized by a law of the ‘‘(A) the intentional infliction or threatened in- United States. In the absence of this new provision, fliction of severe physical pain or suffering; such actions could not be maintained except by the ‘‘(B) the administration or application, or threat- United States, where the amount and other jurisdic- ened administration or application, of mind alter- tional requisites did not exist. The new section also ing substances or other procedures calculated to makes clear that it does not affect the right to pros- disrupt profoundly the senses or the personality; ecute such actions in State courts. ‘‘(C) the threat of imminent death; or ‘‘(D) the threat that another individual will im- AMENDMENTS minently be subjected to death, severe physical pain or suffering, or the administration or applica- 1980—Pub. L. 96–417 inserted exception for matters tion of mind altering substances or other proce- within the jurisdiction of the Court of International dures calculated to disrupt profoundly the senses or Trade under section 1582 of this title. personality.’’ EFFECTIVE DATE OF 1980 AMENDMENT § 1351. Consuls, vice consuls, and members of a Amendment by Pub. L. 96–417 applicable with respect diplomatic mission as defendant to civil actions commenced on or after the 90th day after Nov. 1, 1980, see section 701(c)(1)(B) of Pub. L. The district courts shall have original juris- 96–417, set out as a note under section 251 of this title. diction, exclusive of the courts of the States, of all civil actions and proceedings against— § 1353. Indian allotments (1) consuls or vice consuls of foreign states; or The district courts shall have original juris- (2) members of a mission or members of diction of any civil action involving the right of their families (as such terms are defined in any person, in whole or in part of Indian blood section 2 of the Diplomatic Relations Act). or descent, to any allotment of land under any Act of Congress or treaty. (June 25, 1948, ch. 646, 62 Stat. 934; May 24, 1949, The judgment in favor of any claimant to an ch. 139, § 80(c), 63 Stat. 101; Pub. L. 95–393, allotment of land shall have the same effect, § 8(a)(1), Sept. 30, 1978, 92 Stat. 810.) when properly certified to the Secretary of the HISTORICAL AND REVISION NOTES Interior, as if such allotment had been allowed Based on title 28, U.S.C., 1940 ed., §§ 41(18), 371(8) (Mar. and approved by him; but this provision shall 3, 1911, ch. 231, §§ 24, par. 18, 256, par. 8, 36 Stat. 1093, not apply to any lands held on or before Decem- 1160). ber 21, 1911, by either of the Five Civilized

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Tribes, the Osage Nation of Indians, nor to any judgment of the district court pending appeal or of the lands within the Quapaw Indian Agency. requiring the prevailing party to post an appeal bond. (June 25, 1948, ch. 646, 62 Stat. 934.) (d) Any court with jurisdiction over a forfeit- HISTORICAL AND REVISION NOTES ure action pursuant to subsection (b) may issue Based on title 28, U.S.C., 1940 ed., § 41(24) (Mar. 3, 1911, and cause to be served in any other district such ch. 231, § 24, par. 24, 36 Stat. 1094; Dec. 21, 1911, ch. 5, 37 process as may be required to bring before the Stat. 46). court the property that is the subject of the for- Words ‘‘any civil action’’ were substituted for ‘‘all ac- feiture action. tions, suits, or proceedings,’’ in view of Rule 2 of the Federal Rules of Civil Procedure. (June 25, 1948, ch. 646, 62 Stat. 934; Pub. L. 96–417, The sentence ‘‘The right of appeal shall be allowed to title V, § 507, Oct. 10, 1980, 94 Stat. 1743; Pub. L. either party as in other cases’’ was omitted as covered 102–550, title XV, § 1521, Oct. 28, 1992, 106 Stat. by section 1291 of this title, relating to appeals to the 4062.) court of appeals. Changes in phraseology were made. HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 41(9) and 371(2) § 1354. Land grants from different states (Mar. 3, 1911, ch. 231, §§ 24, par. 9, 256, par. 2, 36 Stat. The district courts shall have original juris- 1092, 1160). Word ‘‘fine’’ was inserted so that this section will diction of actions between citizens of the same apply to the many provisions in the United States Code state claiming lands under grants from different for fines which are essentially civil. (See, also, section states. 2461 of this title and reviser’s note thereunder.) (June 25, 1948, ch. 646, 62 Stat. 934.) Words ‘‘pecuniary or otherwise’’ were added to make this section expressly applicable to both pecuniary and HISTORICAL AND REVISION NOTES property forfeitures. The original section was so con- strued in Miller v. United States, 1870, 11 Wall. 268, 20 Based on title 28, U.S.C., 1940 ed., § 41(1) (Mar. 3, 1911, L.Ed. 135; Tyler v. Defrees, 1870, 11 Wall. 331, and The ch. 231, § 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, § 1, Rosemary, C.C.A. 1928, 26 F.2d 354, certiorari denied 49 48 Stat. 775; Aug. 21, 1937, ch. 726, § 1, 50 Stat. 738; Apr. S.Ct. 23, 278 U.S. 619, 73 L.Ed. 542. 20, 1940, ch. 117, 54 Stat. 143). Changes were made in phraseology. Other provisions of section 41(1) of title 28, U.S.C., 1940 ed., are incorporated in sections 1331, 1332, 1341, AMENDMENTS 1342, 1345, and 1359 of this title. 1992—Pub. L. 102–550 designated existing provisions as Changes were made in phraseology. subsec. (a) and added subsecs. (b) to (d). § 1355. Fine, penalty or forfeiture 1980—Pub. L. 96–417 inserted exception for matters within the jurisdiction of the Court of International (a) The district courts shall have original ju- Trade under section 1582 of this title. risdiction, exclusive of the courts of the States, EFFECTIVE DATE OF 1980 AMENDMENT of any action or proceeding for the recovery or Amendment by Pub. L. 96–417 applicable with respect enforcement of any fine, penalty, or forfeiture, to civil actions commenced on or after the 90th day pecuniary or otherwise, incurred under any Act after Nov. 1, 1980, see section 701(c)(1)(B) of Pub. L. of Congress, except matters within the jurisdic- 96–417, set out as a note under section 251 of this title. tion of the Court of International Trade under section 1582 of this title. § 1356. Seizures not within admiralty and mari- (b)(1) A forfeiture action or proceeding may be time jurisdiction brought in— The district courts shall have original juris- (A) the district court for the district in diction, exclusive of the courts of the States, of which any of the acts or omissions giving rise any seizure under any law of the United States to the forfeiture occurred, or on land or upon waters not within admiralty and (B) any other district where venue for the maritime jurisdiction, except matters within forfeiture action or proceeding is specifically the jurisdiction of the Court of International provided for in section 1395 of this title or any Trade under section 1582 of this title. other statute. (June 25, 1948, ch. 646, 62 Stat. 934; Pub. L. 96–417, (2) Whenever property subject to forfeiture title V, § 508, Oct. 10, 1980, 94 Stat. 1743.) under the laws of the United States is located in a foreign country, or has been detained or seized HISTORICAL AND REVISION NOTES pursuant to legal process or competent author- Based on title 28, U.S.C., 1940 ed., §§ 41(3) and 371(4) ity of a foreign government, an action or pro- (Mar. 3, 1911, ch. 231, §§ 24, par. 3, 256, par. 4, 36 Stat. ceeding for forfeiture may be brought as pro- 1091, 1160; Oct. 6, 1917, ch. 97, § 1, 40 Stat. 395; June 10, vided in paragraph (1), or in the United States 1922, ch. 216, § 1, 42 Stat. 634). District court 1 for the District of Columbia. Section consolidates certain provisions of sections 41(3) and 371(4) of title 28, U.S.C., 1940 ed. Other provi- (c) In any case in which a final order disposing sions of such sections are incorporated in section 1333 of property in a civil forfeiture action or pro- of this title. ceeding is appealed, removal of the property by Changes were made in arrangement and phraseology. the prevailing party shall not deprive the court AMENDMENTS of jurisdiction. Upon motion of the appealing party, the district court or the court of appeals 1980—Pub. L. 96–417 inserted exception for matters shall issue any order necessary to preserve the within the jurisdiction of the Court of International right of the appealing party to the full value of Trade under section 1582 of this title. the property at issue, including a stay of the EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–417 applicable with respect 1 So in original. Probably should be capitalized. to civil actions commenced on or after the 90th day

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after Nov. 1, 1980, see section 701(c)(1)(B) of Pub. L. properly or collusively made to invoke jurisdiction. 96–417, set out as a note under section 251 of this title. Furthermore, the difficulty of applying the original clause is overcome and the original purpose of such § 1357. Injuries under Federal laws clause is better served by substantially following sec- The district courts shall have original juris- tion 80 of title 28, U.S.C., 1940 ed. The assignee clause was incorporated in the original diction of any civil action commenced by any . Such section 80 was enacted in person to recover damages for any injury to his 1875. The history of the assignee clause ‘‘shows clearly person or property on account of any act done that its purpose and effect, at the time of its enact- by him, under any Act of Congress, for the pro- ment were to prevent the conferring of jurisdiction on tection or collection of any of the revenues, or the Federal courts, on grounds of diversity of citizen- to enforce the right of citizens of the United ship, by assignment, in cases where it would not other- States to vote in any State. wise exist.’’ (Sowell v. Federal Reserve Bank, 1925, 45 S.Ct. 528, 529, 268 U.S. 449, 453, 69 L.Ed. 1041, 1048.) Thus (June 25, 1948, ch. 646, 62 Stat. 934.) the purpose of the assignee clause was to prevent the manufacture of Federal jurisdiction by the device of as- HISTORICAL AND REVISION NOTES signment. It achieves this purpose only partially. For Based on title 28, U.S.C., 1940 ed., § 41(11) (Mar. 3, 1911, example, the assignee clause excepts two types of ch. 231, § 24, par. 11, 36 Stat. 1092.) choses in action from its coverage: (1) Foreign bill of Words ‘‘any civil action’’ were substituted for ‘‘all exchange; and (2) corporate bearer paper. But this does suits,’’ in view of Rule 2 of the Federal Rules of Civil not prevent the use of assignment of these choses in ac- Procedure. tion to create the necessary diversity or alienage for Minor changes were made in phraseology. jurisdictional purposes. Such section 80 does, however, prevent that. (See Bullard v. City of Cisco, 1933, 54 S.Ct. § 1358. Eminent domain 177, 290 U.S. 179, 78 L.Ed. 254, 93 A.L.R. 141.) Its coverage against collusive jurisdiction is unlimited, and its ap- The district courts shall have original juris- proach is direct. The assignee clause, on the other diction of all proceedings to condemn real estate hand, prevents the bona fide assignee of a chose in ac- for the use of the United States or its depart- tion within its terms from resorting to the Federal ments or agencies. courts unless there is jurisdiction to support the as- signee-plaintiff’s case and a showing that there would (June 25, 1948, ch. 646, 62 Stat. 935.) have been jurisdiction if the assignor had brought the HISTORICAL AND REVISION NOTES action in lieu of the assignee-plaintiff. Since the as- signee clause deals with the bona fide assignee, there Based on section 257 of title 40, U.S.C., 1940 ed., Public has been much litigation to determine the assignments Buildings, Property, and Works (Aug. 1, 1888, ch. 728, § 1, which should or should not be within the purview of the 25 Stat. 357; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167). clause. Thus the courts have thought it advisable to The venue provisions of section 257 of title 40, U.S.C., limit the term ‘‘chose in action’’ and exclude from its 1940 ed., are incorporated in section 1403 of this title. scope (1) an implied in law duty or promise, and (2) a Other provisions of section 257 of title 40, U.S.C., 1940 transfer of a property interest; and to exclude an as- ed., are retained in said title 40. signment by operation of law from the coverage of the Changes were made in phraseology. clause. Intermediate assignments and reassignment § 1359. Parties collusively joined or made also give difficulty. A district court shall not have jurisdiction of § 1360. State civil jurisdiction in actions to which a civil action in which any party, by assignment Indians are parties or otherwise, has been improperly or collusively (a) Each of the States listed in the following made or joined to invoke the jurisdiction of such table shall have jurisdiction over civil causes of court. action between Indians or to which Indians are (June 25, 1948, ch. 646, 62 Stat. 935.) parties which arise in the areas of Indian coun- try listed opposite the name of the State to the HISTORICAL AND REVISION NOTES same extent that such State has jurisdiction Based on title 28, U.S.C., 1940 ed. §§ 41(1) and 80 (Mar. over other civil causes of action, and those civil 3, 1911, ch. 231, §§ 24(1), 37, 36 Stat. 1091, 1098; May 14, laws of such State that are of general applica- 1934, ch. 283, § 1, 48 Stat. 775; Aug. 21, 1937, ch. 726, § 1, 50 tion to private persons or private property shall Stat. 738; Apr. 20, 1940, ch. 117, 54 Stat. 143). Other provisions of section 41(1) of title 28, U.S.C., have the same force and effect within such In- 1940 ed., are incorporated in sections 1331, 1332, 1341, dian country as they have elsewhere within the 1342, 1345, and 1354 of this title. State: Provisions of section 80 of title 28, U.S.C., 1940 ed., for payment of costs upon dismissal of an action for lack State of Indian country affected of jurisdiction are incorporated in section 1919 of this Alaska ...... All Indian country within the title. Other provisions of said section 80 appear in sec- State. tion 1447 of this title. California ...... All Indian country within the Provisions of section 80 of title 28, U.S.C., 1940 ed., for State. dismissal of an action not really and substantially in- Minnesota ...... All Indian country within the volving a dispute or controversy within the jurisdiction State, except the Red Lake of a district court, were omitted as unnecessary. Any Reservation. court will dismiss a case not within its jurisdiction Nebraska ...... All Indian country within the when its attention is drawn to the fact, or even on its State. own motion. Oregon ...... All Indian country within the The assignee clause in section 41(1) of title 28, U.S.C., State, except the Warm 1940 ed., ‘‘is a jumble of legislative jargon.’’ (For fur- Springs Reservation. ther references to the consequences of ‘‘its obscure Wisconsin ...... All Indian country within the phraseology,’’ see, 35 Ill. Law Rev., January 1941, pp. State. 569–571.) The revised section changes this clause by confining (b) Nothing in this section shall authorize the its application to cases wherein the assignment is im- alienation, encumbrance, or taxation of any real

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or personal property, including water rights, be- CONSENT OF UNITED STATES TO OTHER STATES TO longing to any Indian or any Indian tribe, band, ASSUME JURISDICTION or community that is held in trust by the Act Aug. 15, 1953, ch. 505, § 7, 67 Stat. 590, which gave United States or is subject to a restriction consent of the United States to any other State not against alienation imposed by the United having jurisdiction with respect to criminal offenses or States; or shall authorize regulation of the use civil causes of action, or with respect to both, as pro- of such property in a manner inconsistent with vided for in this section and section 1162 of Title 18, Crimes and Criminal Procedure, to assume jurisdiction any Federal treaty, agreement, or statute or at such time and in such manner as the people of the with any regulation made pursuant thereto; or State shall, by legislative action, obligate and bind the shall confer jurisdiction upon the State to adju- State to assumption thereof, was repealed by section dicate, in probate proceedings or otherwise, the 403(b) of Pub. L. 90–284, title IV, Apr. 11, 1968, 82 Stat. ownership or right to possession of such prop- 79, such repeal not to affect any cession of jurisdiction erty or any interest therein. made pursuant to such section prior to its repeal. (c) Any tribal ordinance or custom heretofore Retrocession of jurisdiction by State acquired by or hereafter adopted by an Indian tribe, band, or State pursuant to section 7 of Act Aug. 15, 1953, prior to its repeal, see section 1323 of Title 25, Indians. community in the exercise of any authority which it may possess shall, if not inconsistent § 1361. Action to compel an officer of the United with any applicable civil law of the State, be States to perform his duty given full force and effect in the determination of civil causes of action pursuant to this section. The district courts shall have original juris- diction of any action in the nature of (Added Aug. 15, 1953, ch. 505, § 4, 67 Stat. 589; to compel an officer or employee of the United amended Aug. 24, 1954, ch. 910, § 2, 68 Stat. 795; States or any agency thereof to perform a duty Pub. L. 85–615, § 2, Aug. 8, 1958, 72 Stat. 545; Pub. owed to the plaintiff. L. 95–598, title II, § 239, Nov. 6, 1978, 92 Stat. 2668; Pub. L. 98–353, title I, § 110, July 10, 1984, 98 Stat. (Added Pub. L. 87–748, § 1(a), Oct. 5, 1962, 76 Stat. 342.) 744.)

AMENDMENTS § 1362. Indian tribes 1984—Subsec. (a). Pub. L. 98–353 struck out ‘‘or Terri- The district courts shall have original juris- tories’’ after ‘‘Each of the States’’, struck out ‘‘or Ter- diction of all civil actions, brought by any In- ritory’’ after ‘‘State’’ in 5 places, and substituted dian tribe or band with a governing body duly ‘‘within the State’’ for ‘‘within the Territory’’ in item recognized by the Secretary of the Interior, relating to Alaska. 1978—Subsec. (a). Pub. L. 95–598 directed the amend- wherein the matter in controversy arises under ment of subsec. (a) by substituting in the item relating the Constitution, laws, or treaties of the United to Alaska ‘‘within the State’’ for ‘‘within the Terri- States. tory’’, which amendment did not become effective pur- (Added Pub. L. 89–635, § 1, Oct. 10, 1966, 80 Stat. suant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of 880.) Title 11, Bankruptcy. § 1363. Jurors’ employment rights 1958—Subsec. (a). Pub. L. 85–615 gave Alaska jurisdic- tion over civil causes of action between Indians or to The district courts shall have original juris- which Indians are parties which arise in all Indian diction of any civil action brought for the pro- country within the Territory of Alaska. tection of jurors’ employment under section 1875 1954—Subsec. (a). Act Aug. 24, 1954, brought the Me- nominee Tribe within the provisions of this section. of this title. (Added Pub. L. 95–572, § 6(b)(1), Nov. 2, 1978, 92 EFFECTIVE DATE OF 1984 AMENDMENT Stat. 2457.) Amendment by Pub. L. 98–353 effective July 10, 1984, see section 122(a) of Pub. L. 98–353, set out as an Effec- PRIOR PROVISIONS tive Date note under section 151 of this title. A prior section 1363 was renumbered section 1366 of ADMISSION OF ALASKA AS STATE this title. Admission of Alaska into the Union was accom- EFFECTIVE DATE plished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. Section 7 of Pub. L. 95–572 provided that: 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections ‘‘(a) Except as provided in subsection (b) of this sec- 1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set tion, the amendments made by this Act [enacting this out as notes preceding section 21 of Title 48, Territories section and section 1875, renumbering section 1363, re- and Insular Possessions. lating to construction of references to laws of the United States or Acts of Congress, as section 1364, and AMENDMENT OF STATE CONSTITUTIONS TO REMOVE amending sections 1863, 1865, 1866, 1869, and 1871 of this LEGAL IMPEDIMENT; EFFECTIVE DATE title] shall apply with respect to any grand or petit Section 6 of act Aug. 15, 1953, provided that: ‘‘Not- juror summoned for service or actually serving on or withstanding the provisions of any Enabling Act for after the date of enactment of this Act [Nov. 2, 1978]. the admission of a State, the consent of the United ‘‘(b) The amendment made by section 5 of this Act States is hereby given to the people of any State to [amending section 1871 of this title] shall apply with re- amend, where necessary, their State constitution or ex- spect to any grand or petit juror serving on or after the isting statutes, as the case may be, to remove any legal sixtieth day following the date of enactment of this Act impediment to the assumption of civil and criminal ju- [Nov. 2, 1978].’’ risdiction in accordance with the provisions of this Act [adding this section and section 1162 of Title 18, Crimes § 1364. Direct actions against insurers of mem- and Criminal Procedure]: Provided, That the provisions bers of diplomatic missions and their fami- of this Act shall not become effective with respect to lies such assumption of jurisdiction by any such State until the people thereof have appropriately amended their (a) The district courts shall have original and State constitution or statutes as the case may be.’’ exclusive jurisdiction, without regard to the

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amount in controversy, of any civil action com- swering of any or interrogatory or to menced by any person against an insurer who by secure testimony or any combination thereof. contract has insured an individual, who is, or This section shall not apply to an action to en- was at the time of the tortious act or omission, force, to secure a concern- a member of a mission (within the meaning of ing the validity of, or to prevent a threatened section 2(3) of the Diplomatic Relations Act (22 refusal to comply with, any subpena or order is- U.S.C. 254a(3))) or a member of the family of sued to an officer or employee of the executive such a member of a mission, or an individual de- branch of the Federal Government acting within scribed in section 19 of the Convention on Privi- his or her official capacity, except that this sec- leges and Immunities of the United Nations of tion shall apply if the refusal to comply is based February 13, 1946, against liability for personal on the assertion of a personal privilege or objec- injury, death, or damage to property. tion and is not based on a governmental privi- (b) Any direct action brought against an in- lege or objection the assertion of which has been surer under subsection (a) shall be tried without authorized by the executive branch of the Fed- a jury, but shall not be subject to the defense eral Government. that the insured is immune from suit, that the (b) Upon application by the Senate or any au- insured is an , or in the ab- thorized committee or subcommittee of the Sen- sence of fraud or collusion, that the insured has ate, the district court shall issue an order to an entity or person refusing, or failing to comply violated a term of the contract, unless the con- with, or threatening to refuse or not to comply tract was cancelled before the claim arose. with, a subpena or order of the Senate or com- (Added Pub. L. 95–393, § 7(a), Sept. 30, 1978, 92 mittee or subcommittee of the Senate requiring Stat. 809; amended Pub. L. 97–241, title II, such entity or person to comply forthwith. Any § 203(b)(4), Aug. 24, 1982, 96 Stat. 291; Pub. L. refusal or failure to obey a lawful order of the 100–204, title I, § 138(a), Dec. 22, 1987, 101 Stat. district court issued pursuant to this section 1347.) may be held by such court to be a contempt thereof. A contempt proceeding shall be com- CODIFICATION menced by an order to show cause before the Two other sections 1364 were renumbered sections court why the entity or person refusing or fail- 1365 and 1366 of this title. ing to obey the court order should not be held in AMENDMENTS contempt of court. Such contempt proceeding shall be tried by the court and shall be summary 1987—Subsec. (a). Pub. L. 100–204 inserted ‘‘, or was at in manner. The purpose of sanctions imposed as the time of the tortious act or omission,’’ after ‘‘who is’’. a result of such contempt proceeding shall be to 1982—Subsec. (a). Pub. L. 97–241 substituted ‘‘within compel obedience to the order of the court. the meaning of section 2(3) of the Diplomatic Relations Process in any such action or contempt proceed- Act (22 U.S.C. 254a(3))’’ for ‘‘as defined in the Vienna ing may be served in any judicial district where- Convention on Diplomatic Relations’’. in the entity or party refusing, or failing to comply, or threatening to refuse or not to com- EFFECTIVE DATE OF 1987 AMENDMENT ply, resides, transacts business, or may be found, Section 138(b) of Pub. L. 100–204 provided that: ‘‘The and subpenas for witnesses who are required to amendment made by subsection (a) [amending this sec- attend such proceeding may run into any other tion] shall apply to the first tortious act or omission district. Nothing in this section shall confer occurring after the date of enactment of this Act [Dec. 22, 1987].’’ upon such court jurisdiction to affect by injunc- tion or otherwise the issuance or effect of any EFFECTIVE DATE OF 1982 AMENDMENT subpena or order of the Senate or any commit- Amendment by Pub. L. 97–241 effective Oct. 1, 1982, tee or subcommittee of the Senate or to review, see section 204 of Pub. L. 97–241, set out as an Effective modify, suspend, terminate, or set aside any Date note under section 4301 of Title 22, Foreign Rela- such subpena or order. An action, contempt pro- tions and Intercourse. ceeding, or sanction brought or imposed pursu- EFFECTIVE DATE ant to this section shall not abate upon adjourn- ment sine die by the Senate at the end of a Con- Section effective at end of ninety-day period begin- gress if the Senate or the committee or sub- ning on Sept. 30, 1978, see section 9 of Pub. L. 95–393, set out as a note under section 254a of Title 22, Foreign Re- committee of the Senate which issued the sub- lations and Intercourse. pena or order certifies to the court that it main- tains its interest in securing the documents, an- § 1365. Senate actions swers, or testimony during such adjournment. [(c) Repealed. Pub. L. 98–620, title IV, (a) The United States District Court for the § 402(29)(D), Nov. 8, 1984, 98 Stat. 3359.] District of Columbia shall have original juris- (d) The Senate or any committee or sub- diction, without regard to the amount in con- committee of the Senate commencing and pros- troversy, over any civil action brought by the ecuting a civil action or contempt proceeding Senate or any authorized committee or sub- under this section may be represented in such committee of the Senate to enforce, to secure a action by such attorneys as the Senate may des- declaratory judgment concerning the validity ignate. of, or to prevent a threatened refusal or failure (e) A civil action commenced or prosecuted to comply with, any subpena or order issued by under this section, may not be authorized pursu- the Senate or committee or subcommittee of the ant to the Standing Order of the Senate ‘‘au- Senate to any entity acting or purporting to act thorizing suits by Senate Committees’’ (S. Jour. under color or authority of State law or to any 572, May 28, 1928). natural person to secure the production of docu- (f) For the purposes of this section the term ments or other materials of any kind or the an- ‘‘committee’’ includes standing, select, or spe-

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cial committees of the Senate established by claims by persons proposed to be joined as plain- law or resolution. tiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such (Added Pub. L. 95–521, title VII, § 705(f)(1), Oct. rules, when exercising supplemental jurisdiction 26, 1978, 92 Stat. 1879, § 1364; amended Pub. L. over such claims would be inconsistent with the 98–620, title IV, § 402(29)(D), Nov. 8, 1984, 98 Stat. jurisdictional requirements of section 1332. 3359; renumbered § 1365, Pub. L. 99–336, (c) The district courts may decline to exercise § 6(a)(1)(B), June 19, 1986, 100 Stat. 638; Pub. L. supplemental jurisdiction over a claim under 104–292, § 4, Oct. 11, 1996, 110 Stat. 3460.) subsection (a) if— AMENDMENTS (1) the claim raises a novel or complex issue 1996—Subsec. (a). Pub. L. 104–292 substituted ‘‘execu- of State law, tive branch of the Federal Government acting within (2) the claim substantially predominates his or her official capacity, except that this section over the claim or claims over which the dis- shall apply if the refusal to comply is based on the as- trict court has original jurisdiction, sertion of a personal privilege or objection and is not (3) the district court has dismissed all based on a governmental privilege or objection the as- claims over which it has original jurisdiction, sertion of which has been authorized by the executive or branch of the Federal Government’’ for ‘‘Federal Gov- ernment acting within his official capacity’’. (4) in exceptional circumstances, there are 1984—Subsec. (c). Pub. L. 98–620 struck out subsec. (c) other compelling reasons for declining juris- which provided that in any civil action or contempt diction. proceeding brought pursuant to this section, the court (d) The period of limitations for any claim as- had to assign the action or proceeding for hearing at the earliest practicable date and cause the action or serted under subsection (a), and for any other proceeding in every way to be expedited, and that any claim in the same action that is voluntarily dis- appeal or petition for review from any order or judg- missed at the same time as or after the dismis- ment in such action or proceeding had to be expedited sal of the claim under subsection (a), shall be in the same manner. tolled while the claim is pending and for a pe- riod of 30 days after it is dismissed unless State EFFECTIVE DATE OF 1984 AMENDMENT law provides for a longer tolling period. Amendment by Pub. L. 98–620 not applicable to cases (e) As used in this section, the term ‘‘State’’ pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, includes the District of Columbia, the Common- set out as an Effective Date note under section 1657 of wealth of Puerto Rico, and any territory or pos- this title. session of the United States. EFFECTIVE DATE (Added Pub. L. 101–650, title III, § 310(a), Dec. 1, Section effective Jan. 3, 1979, see section 717 of Pub. 1990, 104 Stat. 5113.) L. 95–521, set out as a note under section 288 of Title 2, The Congress. REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in § 1366. Construction of references to laws of the subsec. (b), are set out in the Appendix to this title. United States or Acts of Congress EFFECTIVE DATE For the purposes of this chapter, references to laws of the United States or Acts of Congress do Section 310(c) of Pub. L. 101–650 provided that: ‘‘The not include laws applicable exclusively to the amendments made by this section [enacting this sec- tion] shall apply to civil actions commenced on or after District of Columbia. the date of the enactment of this Act [Dec. 1, 1990].’’ (Added Pub. L. 91–358, title I, § 172(c)(1), July 29, 1970, 84 Stat. 590, § 1363; renumbered § 1364, Pub. § 1368. Counterclaims in unfair practices in L. 95–572, § 6(b)(1), Nov. 2, 1978, 92 Stat. 2456; re- international trade. numbered § 1366, Pub. L. 99–336, § 6(a)(1)(C), June The district courts shall have original juris- 19, 1986, 100 Stat. 639.) diction of any civil action based on a counter- claim raised pursuant to section 337(c) of the § 1367. Supplemental jurisdiction Tariff Act of 1930, to the extent that it arises (a) Except as provided in subsections (b) and out of the transaction or occurrence that is the (c) or as expressly provided otherwise by Federal subject matter of the opposing party’s claim in statute, in any civil action of which the district the proceeding under section 337(a) of that Act. courts have original jurisdiction, the district (Added Pub. L. 103–465, title III, § 321(b)(3)(A), courts shall have supplemental jurisdiction over Dec. 8, 1994, 108 Stat. 4946.) all other claims that are so related to claims in the action within such original jurisdiction that REFERENCES IN TEXT they form part of the same case or controversy Section 337 of the Tariff Act of 1930, referred to in under Article III of the United States Constitu- text, is classified to section 1337 of Title 19, Customs tion. Such supplemental jurisdiction shall in- Duties. clude claims that involve the joinder or inter- EFFECTIVE DATE vention of additional parties. (b) In any civil action of which the district Section applicable with respect to filed courts have original jurisdiction founded solely under section 1337 of Title 19, Customs Duties, on or on section 1332 of this title, the district courts after the date on which the World Trade Organization Agreement enters into force with respect to the United shall not have supplemental jurisdiction under States [Jan. 1, 1995], or in cases under section 1337 of subsection (a) over claims by plaintiffs against Title 19 in which no is filed, with respect to persons made parties under Rule 14, 19, 20, or 24 investigations initiated under such section on or after of the Federal Rules of Civil Procedure, or over such date, see section 322 of Pub. L. 103–465, set out as

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an Effective Date of 1994 Amendment note under sec- (e) NOTIFICATION OF JUDICIAL PANEL ON MULTI- tion 1337 of Title 19. DISTRICT LITIGATION.—A district court in which § 1369. Multiparty, multiforum jurisdiction an action under this section is pending shall promptly notify the judicial panel on multi- (a) IN GENERAL.—The district courts shall district litigation of the pendency of the action. have original jurisdiction of any civil action in- (Added Pub. L. 107–273, div. C, title I, volving minimal diversity between adverse par- § 11020(b)(1)(A), Nov. 2, 2002, 116 Stat. 1826.) ties that arises from a single accident, where at least 75 natural persons have died in the acci- EFFECTIVE DATE dent at a discrete location, if— Pub. L. 107–273, div. C, title I, § 11020(c), Nov. 2, 2002, (1) a defendant resides in a State and a sub- 116 Stat. 1829, provided that: ‘‘The amendments made stantial part of the accident took place in an- by subsection (b) [enacting this section and sections other State or other location, regardless of 1697 and 1785 of this title and amending sections 1391 whether that defendant is also a resident of and 1441 of this title] shall apply to a civil action if the the State where a substantial part of the acci- accident giving rise to the cause of action occurred on dent took place; or after the 90th day after the date of the enactment of (2) any two defendants reside in different this Act [Nov. 2, 2002].’’ States, regardless of whether such defendants CHAPTER 87—DISTRICT COURTS; VENUE are also residents of the same State or States; or Sec. (3) substantial parts of the accident took 1391. Venue generally. place in different States. 1392. Defendants or property in different districts in same State. (b) LIMITATION OF JURISDICTION OF DISTRICT [1393. Repealed.] COURTS.—The district court shall abstain from 1394. Banking association’s action against Comp- hearing any civil action described in subsection troller of Currency. (a) in which— 1395. Fine, penalty or forfeiture. (1) the substantial majority of all plaintiffs 1396. Internal revenue taxes. 1397. Interpleader. are citizens of a single State of which the pri- 1398. Interstate Commerce Commission’s orders. mary defendants are also citizens; and 1399. Partition action involving United States. (2) the claims asserted will be governed pri- 1400. Patents and copyrights, mask works, and de- marily by the laws of that State. signs. 1401. Stockholder’s derivative action. (c) SPECIAL RULES AND DEFINITIONS.—For pur- 1402. United States as defendant. poses of this section— 1403. Eminent domain. (1) minimal diversity exists between adverse 1404. . parties if any party is a citizen of a State and 1405. Creation or alteration of district or division. any adverse party is a citizen of another 1406. Cure or waiver of defects. State, a citizen or subject of a foreign state, or 1407. Multidistrict litigation. a foreign state as defined in section 1603(a) of 1408. Venue of cases under title 11. this title; 1409. Venue of proceedings arising under title 11 or arising in or related to cases under title 11. (2) a corporation is deemed to be a citizen of 1410. Venue of cases ancillary to foreign proceed- any State, and a citizen or subject of any for- ings. eign state, in which it is incorporated or has 1411. Jury trials. its principal place of business, and is deemed 1412. Change of venue. to be a resident of any State in which it is in- 1413. Venue of cases under chapter 5 of title 3. corporated or licensed to do business or is AMENDMENTS doing business; (3) the term ‘‘injury’’ means— 1998—Pub. L. 105–304, title V, § 503(c)(3), Oct. 28, 1998, (A) physical harm to a natural person; and 112 Stat. 2917 inserted ‘‘, mask works, and designs’’ in (B) physical damage to or destruction of item 1400. 1996—Pub. L. 104–331, § 3(b)(2)(B), Oct. 26, 1996, 110 tangible property, but only if physical harm Stat. 4069, which directed amendment of table of sec- described in subparagraph (A) exists; tions for chapter 37 by adding item 1413 at end, was exe- (4) the term ‘‘accident’’ means a sudden acci- cuted by adding item 1413 at end of table of sections for dent, or a natural event culminating in an ac- chapter 87 to reflect the probable intent of Congress. 1988—Pub. L. 100–702, title X, § 1001(a), Nov. 19, 1988, cident, that results in death incurred at a dis- 102 Stat. 4664, struck out item 1393 ‘‘Divisions; single crete location by at least 75 natural persons; defendant; defendants in different divisions’’. and 1984—Pub. L. 98–353, title I, § 102(b), July 10, 1984, 98 (5) the term ‘‘State’’ includes the District of Stat. 335, added items 1408 to 1412. Columbia, the Commonwealth of Puerto Rico, 1978—Pub. L. 95–598, title II, § 240(b), Nov. 6, 1978, 92 and any territory or possession of the United Stat. 2668, directed the addition of item 1408, ‘‘Bank- States. ruptcy appeals’’, which amendment did not become ef- fective pursuant to section 402(b) of Pub. L. 95–598, as (d) INTERVENING PARTIES.—In any action in a amended, set out as an Effective Date note preceding district court which is or could have been section 101 of Title 11, Bankruptcy. brought, in whole or in part, under this section, 1968—Pub. L. 90–296, § 2, Apr. 29, 1968, 82 Stat. 110, any person with a claim arising from the acci- added item 1407. dent described in subsection (a) shall be per- § 1391. Venue generally mitted to intervene as a party plaintiff in the action, even if that person could not have (a) A civil action wherein jurisdiction is brought an action in a district court as an origi- founded only on diversity of citizenship may, ex- nal matter. cept as otherwise provided by law, be brought

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only in (1) a judicial district where any defend- part of property that is the subject of the ac- ant resides, if all defendants reside in the same tion is situated; State, (2) a judicial district in which a substan- (2) in any judicial district in which the ves- tial part of the events or omissions giving rise sel or cargo of a foreign state is situated, if to the claim occurred, or a substantial part of the claim is asserted under section 1605(b) of property that is the subject of the action is situ- this title; ated, or (3) a judicial district in which any de- (3) in any judicial district in which the agen- fendant is subject to personal jurisdiction at the cy or instrumentality is licensed to do busi- time the action is commenced, if there is no dis- ness or is doing business, if the action is trict in which the action may otherwise be brought against an agency or instrumentality brought. of a foreign state as defined in section 1603(b) (b) A civil action wherein jurisdiction is not of this title; or founded solely on diversity of citizenship may, (4) in the United States District Court for except as otherwise provided by law, be brought the District of Columbia if the action is only in (1) a judicial district where any defend- brought against a foreign state or political ant resides, if all defendants reside in the same subdivision thereof. State, (2) a judicial district in which a substan- (g) A civil action in which jurisdiction of the tial part of the events or omissions giving rise district court is based upon section 1369 of this to the claim occurred, or a substantial part of title may be brought in any district in which property that is the subject of the action is situ- any defendant resides or in which a substantial ated, or (3) a judicial district in which any de- part of the accident giving rise to the action fendant may be found, if there is no district in took place. which the action may otherwise be brought. (c) For purposes of venue under this chapter, a (June 25, 1948, ch. 646, 62 Stat. 935; Pub. L. 87–748, defendant that is a corporation shall be deemed § 2, Oct. 5, 1962, 76 Stat. 744; Pub. L. 88–234, Dec. to reside in any judicial district in which it is 23, 1963, 77 Stat. 473; Pub. L. 89–714, §§ 1, 2, Nov. subject to personal jurisdiction at the time the 2, 1966, 80 Stat. 1111; Pub. L. 94–574, § 3, Oct. 21, action is commenced. In a State which has more 1976, 90 Stat. 2721; Pub. L. 94–583, § 5, Oct. 21, 1976, than one judicial district and in which a defend- 90 Stat. 2897; Pub. L. 100–702, title X, § 1013(a), ant that is a corporation is subject to personal Nov. 19, 1988, 102 Stat. 4669; Pub. L. 101–650, title jurisdiction at the time an action is commenced, III, § 311, Dec. 1, 1990, 104 Stat. 5114; Pub. L. such corporation shall be deemed to reside in 102–198, § 3, Dec. 9, 1991, 105 Stat. 1623; Pub. L. any district in that State within which its con- 102–572, title V, § 504, Oct. 29, 1992, 106 Stat. 4513; tacts would be sufficient to subject it to per- Pub. L. 104–34, § 1, Oct. 3, 1995, 109 Stat. 293; Pub. sonal jurisdiction if that district were a sepa- L. 107–273, div. C, title I, § 11020(b)(2), Nov. 2, 2002, rate State, and, if there is no such district, the 116 Stat. 1827.) corporation shall be deemed to reside in the dis- HISTORICAL AND REVISION NOTES trict within which it has the most significant contacts. Based on title 28, U.S.C., 1940 ed., §§ 111, 112 (Mar. 3, (d) An alien may be sued in any district. 1911, ch. 231, §§ 50, 51, 36 Stat. 1101; Sept. 19, 1922, ch. 345, (e) A civil action in which a defendant is an of- 42 Stat. 849; Mar. 4, 1925, ch. 526, § 1, 43 Stat. 1264; Apr. 16, 1936, ch. 230, 49 Stat. 1213). ficer or employee of the United States or any Section consolidates section 111 of title 28, U.S.C., agency thereof acting in his official capacity or 1940 ed., with part of section 112 of such title. under color of legal authority, or an agency of The portion of section 112 of title 28, U.S.C., 1940 ed., the United States, or the United States, may, relating to venue generally constitutes this section and except as otherwise provided by law, be brought the parts relating to arrest of the defendant, venue and in any judicial district in which (1) a defendant process in stockholders’ actions constitute sections in the action resides, (2) a substantial part of 1401, 1693, and 1695 of this title. the events or omissions giving rise to the claim Provision in section 111 of title 28, U.S.C., 1940 ed., that a district court may proceed as to parties before occurred, or a substantial part of property that it although one or more defendants do not reside in the is the subject of the action is situated, or (3) the district, and that its judgment shall be without preju- plaintiff resides if no real property is involved in dice to such absent defendants, was omitted as covered the action. Additional persons may be joined as by rule 19(b) of the Federal Rules of Civil Procedure. parties to any such action in accordance with Word ‘‘action’’ was substituted for ‘‘suit’’ in view of the Federal Rules of Civil Procedure and with Rule 2 of the Federal Rules of Civil Procedure. such other venue requirements as would be ap- Word ‘‘reside’’ was substituted for ‘‘whereof he is an plicable if the United States or one of its offi- inhabitant’’ for clarity inasmuch as ‘‘inhabitant’’ and ‘‘resident’’ are synonymous. (See Ex parte Shaw, 1892, 12 cers, employees, or agencies were not a party. S.Ct. 935, 145 U.S. 444, 36 L.Ed. 768; Standard Stoker Co., The summons and complaint in such an action Inc. v. Lower, D.C., 1931, 46 F.2d 678; Edgewater Realty Co. shall be served as provided by the Federal Rules v. Tennessee Coal, Iron & Railroad Co., D.C., 1943, 49 of Civil Procedure except that the delivery of F.Supp. 807.) the summons and complaint to the officer or Reference to ‘‘all plaintiffs’’ and ‘‘all defendants’’ agency as required by the rules may be made by were substituted for references to ‘‘the plaintiff’’ and certified mail beyond the territorial limits of ‘‘the defendant,’’ in view of many decisions holding the district in which the action is brought. that the singular terms were used in a collective sense. (f) A civil action against a foreign state as de- (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. fined in section 1603(a) of this title may be 395, 41 L.Ed. 1049; and Fetzer v. Livermore, D.C., 1926, 15 brought— F.2d 462.) (1) in any judicial district in which a sub- In subsection (c), references to defendants ‘‘found’’ stantial part of the events or omissions giving within a district or voluntarily appearing were omit- rise to the claim occurred, or a substantial ted. The use of the word ‘‘found’’ made section 111 of

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title 28, U.S.C., 1940 ed., ambiguous. The argument that occurred on or after the 90th day after Nov. 2, 2002, see an action could be brought in the district where one de- section 11020(c) of Pub. L. 107–273, set out as an Effec- fendant resided and a nonresident defendant was tive Date note under section 1369 of this title. ‘‘found,’’ was rejected in Camp v. Gress, 1919, 39 S.Ct. EFFECTIVE DATE OF 1992 AMENDMENT 478, 250 U.S. 308, 63 L.Ed. 997. However, this ambiguity will be obviated in the future by the omission of such Amendment by Pub. L. 102–572 effective Jan. 1, 1993, reference. see section 1101(a) of Pub. L. 102–572, set out as a note Subsection (d) of this section is added to give statu- under section 905 of Title 2, The Congress. tory recognition to the weight of authority concerning a rule of venue as to which there has been a sharp con- EFFECTIVE DATE OF 1988 AMENDMENT flict of decisions. (See Sandusky Foundry & Machine Co. Section 1013(b) of title X of Pub. L. 100–702 provided v. DeLavand, 1918, D.C.Ohio, 251 F. 631, 632, and cases that: ‘‘The amendment made by this section [amending cited. See also Keating v. Pennsylvania Co., 1917, this section] takes effect 90 days after the date of en- D.C.Ohio, 245 F. 155 and cases cited.) actment of this title [Nov. 19, 1988].’’ Changes were made in phraseology. EFFECTIVE DATE OF 1976 AMENDMENT REFERENCES IN TEXT Amendment by Pub. L. 94–583 effective 90 days after The Federal Rules of Civil Procedure, referred to in Oct. 21, 1976, see section 8 of Pub. L. 94–583, set out as subsec. (e), are set out in the Appendix to this title. an Effective Date note under section 1602 of this title. AMENDMENTS § 1392. Defendants or property in different dis- 2002—Subsec. (g). Pub. L. 107–273 added subsec. (g). tricts in same State 1995—Subsec. (a)(3). Pub. L. 104–34 substituted ‘‘any defendant is’’ for ‘‘the defendants are’’. Any civil action, of a local nature, involving 1992—Subsec. (a)(3). Pub. L. 102–572 inserted before pe- property located in different districts in the riod at end ‘‘, if there is no district in which the action same State, may be brought in any of such dis- may otherwise be brought’’. tricts. 1991—Subsec. (b). Pub. L. 102–198 substituted ‘‘in (1)’’ for ‘‘if (1)’’. (June 25, 1948, ch. 646, 62 Stat. 935; Pub. L. 1990—Subsec. (a). Pub. L. 101–650, § 311(1), substituted 104–220, § 1, Oct. 1, 1996, 110 Stat. 3023.) cls. (1) to (3) for ‘‘the judicial district where all plain- tiffs or all defendants reside, or in which the claim HISTORICAL AND REVISION NOTES arose’’. Based on title 28, U.S.C., 1940 ed., §§ 113, 116 (Mar. 3, Subsec. (b). Pub. L. 101–650, § 311(2), substituted ‘‘may, 1911, ch. 231, §§ 52, 55, 36 Stat. 1101, 1102). except as otherwise provided by law, be brought only Section consolidates section 113 of title 28, U.S.C., if’’ and cls. (1) to (3) for ‘‘may be brought only in the 1940 ed., with section 116 of such title. judicial district where all defendants reside, or in Last sentence of section 113 of title 28, U.S.C., 1940 which the claim arose, except as otherwise provided by ed., relating to execution on judgments or decrees, was law’’. omitted as covered by section 2001 et seq. of this title. Subsec. (e). Pub. L. 101–650, § 311(3), substituted ‘‘(2) a Words ‘‘civil action’’ were substituted for ‘‘suit’’ in substantial part of the events or omissions giving rise view of Rule 2 of the Federal Rules of Civil Procedure. to the claim occurred, or a substantial part of property Words of said section 113, ‘‘against a single defendant, that is the subject of the action is situated, or (3)’’ for inhabitant of such State, must be brought in the dis- ‘‘or (2) the cause of action arose, or (3) any real prop- trict where he resides’’ were omitted as covered by sec- erty involved in the action is situated, or (4)’’. tion 1391 of this title. 1988—Subsec. (c). Pub. L. 100–702 amended subsec. (c) Words of section 116 of title 28, U.S.C., 1940 ed., ‘‘land generally. Prior to amendment, subsec. (c) read as fol- or other subject matter of a fixed character’’ were de- lows: ‘‘A corporation may be sued in any judicial dis- leted and the word ‘‘property’’ substituted for flexibil- trict in which it is incorporated or licensed to do busi- ity and uniformity. (See sections 754, 1692, of this title ness or is doing business, and such judicial district and reviser’s notes thereunder.) shall be regarded as the residence of such corporation Words of said section 116, ‘‘and the court in which it for venue purposes.’’ is brought shall have jurisdiction to hear and decide it, 1976—Subsec. (e). Pub. L. 94–574 provided that, in ac- and to cause mesne or final process to be issued and ex- tions against the United States, its agencies, or officers ecuted, as fully as if the said subject matter were whol- or employees in their official capacities, additional per- ly within the district for which such court is con- sons may be joined in accordance with the Federal stituted’’ were omitted as surplusage and fully covered Rules of Civil Procedure and with other venue require- by Rule 4 of the Federal Rules of Civil Procedure. Said ments which would be applicable if the United States, rule also covers the following omitted language: ‘‘A du- its agencies, or one of its officers or employees were plicate writ may be issued against the defendants, di- not a party. rected to the marshal of any other district in which Subsec. (f). Pub. L. 94–583 added subsec. (f). any defendant resides.’’ 1966—Subsec. (a). Pub. L. 89–714, § 1, authorized a civil Changes were made in phraseology. action to be brought in the judicial district in which the claim arose. AMENDMENTS Subsec. (b). Pub. L. 89–714, § 1, authorized a civil ac- 1996—Pub. L. 104–220 struck out ‘‘(b)’’ before ‘‘Any tion to be brought in the judicial district in which the civil action’’ and struck out subsec. (a) which read as claim arose. follows: ‘‘Any civil action, not of a local nature, Subsec. (f). Pub. L. 89–714, § 2, repealed subsec. (f) against defendants residing in different districts in the which permitted a civil action on a tort claim arising same State, may be brought in any of such districts.’’ out of the manufacture, assembly, repair, ownership, maintenance, use, or operation of an automobile to be [§ 1393. Repealed. Pub. L. 100–702, title X, brought in the judicial district wherein the act or omis- § 1001(a), Nov. 19, 1988, 102 Stat. 4664] sion complained of occurred. Present provisions are now contained in subsecs. (a) and (b) of this section. Section, act June 25, 1948, ch. 646, 62 Stat. 935, related 1963—Subsec. (f). Pub. L. 88–234 added subsec. (f) to divisional venue in civil cases of a single defendant 1962—Subsec. (e). Pub. L. 87–748 added subsec. (e). or defendants in different divisions.

EFFECTIVE DATE OF 2002 AMENDMENT EFFECTIVE DATE OF REPEAL Amendment by Pub. L. 107–273 applicable to a civil Section 1001(b) of Pub. L. 100–702 provided that: ‘‘The action if the accident giving rise to the cause of action amendments made by this section [repealing this sec-

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tion] take effect 90 days after the date of enactment of such sections 106 and 107 of title 28. Subsection (e) is this Act [Nov. 19, 1988].’’ based on such section 108 of title 28. Subsection (b) substituted words ‘‘may be prosecuted § 1394. Banking association’s action against in any district where such property is found’’ for ‘‘shall Comptroller of Currency be prosecuted in the district where the seizure is made,’’ to include not only property seized, but also all Any civil action by a national banking asso- other property subject to forfeiture. ciation to enjoin the Comptroller of the Cur- Words ‘‘civil’’ and ‘‘fine’’ were inserted to make this rency, under the provisions of any Act of Con- section applicable to the many provisions of the United gress relating to such associations, may be pros- States Code for fines essentially civil. (See reviser’s ecuted in the judicial district where such asso- note under section 1355 of this title.) ciation is located. Provisions of section 3745(c) of title 26, U.S.C., 1940 ed., that such suit may be brought ‘‘before any other (June 25, 1948, ch. 646, 62 Stat. 935.) court of competent jurisdiction’’ were omitted as mis- leading surplusage, since United States district courts, HISTORICAL AND REVISION NOTES under section 1355 of this title, have exclusive jurisdic- Based on title 28, U.S.C., 1940 ed., § 110 (Mar. 3, 1911, tion. ch. 231, § 49, 36 Stat. 1100). Subsection (d) was added for completeness and clar- Words ‘‘Any civil action’’ were substituted for ‘‘All ity. proceedings,’’ in view of Rule 2 of the Federal Rules of Changes were made in phraseology. Civil Procedure. SENATE REVISION AMENDMENT Changes were made in phraseology. While section 3745(c) of Title 26, U.S.C., Internal Rev- EXCEPTION AS TO TRANSFER OF FUNCTIONS enue Code, is one of the sources of this section, it was Functions vested by any provision of law in the eliminated from the schedule of repeals by Senate Comptroller of the Currency, referred to in this section, amendment. Therefore, such section 3745(c) remains in were not included in the transfer of functions of offi- Title 26. See 80th Congress Senate Report No. 1559. cers, agencies and employees of the Department of the Treasury to the Secretary of the Treasury, made by § 1396. Internal revenue taxes Reorg. Plan No. 26 of 1950, § 1, eff. July 31, 1950, 15 F.R. Any civil action for the collection of internal 4935, 64 Stat. 1280. See section 321(c)(2) of Title 31, revenue taxes may be brought in the district Money and Finance. where the liability for such tax accrues, in the § 1395. Fine, penalty or forfeiture district of the taxpayer’s residence, or in the district where the return was filed. (a) A civil proceeding for the recovery of a pe- cuniary fine, penalty or forfeiture may be pros- (June 25, 1948, ch. 646, 62 Stat. 936.) ecuted in the district where it accrues or the de- HISTORICAL AND REVISION NOTES fendant is found. Based on title 28, U.S.C., 1940 ed., § 105, and section (b) A civil proceeding for the forfeiture of 3744 of title 26, U.S.C., 1940 ed., Internal Revenue Code property may be prosecuted in any district (Mar. 3, 1911, ch. 231, § 44, 36 Stat. 1100; Feb. 10, 1939, ch. where such property is found. 2, § 3744, 53 Stat. 460). (c) A civil proceeding for the forfeiture of Section consolidates section 3744 of title 26, U.S.C., property seized outside any judicial district may 1940 ed., Internal Revenue Code, with section 105 of title be prosecuted in any district into which the 28, U.S.C., 1940 ed. property is brought. Words ‘‘or in the district where the return was filed’’ (d) A proceeding in admiralty for the enforce- are new. This extension of venue will permit of an ac- tion in a district easily determinable for collection of ment of fines, penalties and forfeitures against a revenue earned in several districts, or States, but the vessel may be brought in any district in which return for which is filed with one collector. the vessel is arrested. Changes were made in phraseology. (e) Any proceeding for the forfeiture of a ves- sel or cargo entering a port of entry closed by SENATE REVISION AMENDMENT the President in pursuance of law, or of goods While section 3744 of Title 26, U.S.C., Internal Reve- and chattels coming from a State or section de- nue Code [1939], is one of the sources of this section, it clared by proclamation of the President to be in was eliminated from the schedule of repeals by Senate insurrection, or of any vessel or vehicle convey- amendment. Therefore, it remains in Title 26 [I.R.C. 1939]. See 80th Congress Senate Report No. 1559. ing persons or property to or from such State or section or belonging in whole or in part to a § 1397. Interpleader resident thereof, may be prosecuted in any dis- trict into which the property is taken and in Any civil action of interpleader or in the na- which the proceeding is instituted. ture of interpleader under section 1335 of this title may be brought in the judicial district in (June 25, 1948, ch. 646, 62 Stat. 936.) which one or more of the claimants reside. HISTORICAL AND REVISION NOTES (June 25, 1948, ch. 646, 62 Stat. 936.) Based on title 28, U.S.C., 1940 ed., §§ 104, 106, 107, and HISTORICAL AND REVISION NOTES 108, and section 3745(c) of title 26, U.S.C., 1940 ed., Inter- nal Revenue Code (Mar. 3, 1911, ch. 231, §§ 43, 45, 46, 47, Based on title 28, U.S.C., 1940 ed., § 41(26) (Mar. 3, 1911, 36 Stat. 1100; Feb. 10, 1939, ch. 2, § 3745(c), 53 Stat. 460). ch. 231, § 24, par. 26, as added Jan. 20, 1936, ch. 13, § 1, 49 This section consolidates section 3745(c) of title 26, Stat. 1096). U.S.C., 1940 ed., with sections 104, 106, 107, and 108 of Provisions of section 41(26) of title 28, U.S.C., 1940 ed., title 28, U.S.C., 1940 ed., relating to venue in civil pro- relating to jurisdiction are the basis of section 1335 of ceedings to recover and enforce civil fines, penalties, this title and other provisions thereof are incorporated and forfeitures, pecuniary or otherwise. Subsection (a) in section 2361 of this title. is based on said section 104 of title 28 and said section Words ‘‘civil action’’ were substituted for ‘‘suit,’’ in 3745(c) of title 26. Subsections (b) and (c) consolidate view of Rule 2 of the Federal Rules of Civil Procedure.

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Changes were made in phraseology. which any of the parties bringing the action resides or has its principal office, for provisions that civil actions § 1398. Interstate Commerce Commission’s orders to enforce, suspend, or set aside in whole or in part or- ders of the Interstate Commerce Commission shall be (a) Except as otherwise provided by law, a brought in such judicial district. civil action brought under section 1336(a) of this 1964—Pub. L. 88–513 designated existing provisions as title shall be brought only in a judicial district subsec. (a) and added subsec. (b). in which any of the parties bringing the action EFFECTIVE DATE OF 1992 AMENDMENT resides or has its principal office. (b) A civil action to enforce, enjoin, set aside, Amendment by Pub. L. 102–572 effective Oct. 29, 1992, annul, or suspend, in whole or in part, an order see section 911 of Pub. L. 102–572, set out as a note of the Interstate Commerce Commission made under section 171 of this title. pursuant to the referral of a question or issue by EFFECTIVE DATE OF 1982 AMENDMENT a district court or by the United States Court of Amendment by Pub. L. 97–164 effective Oct. 1, 1982, Federal Claims, shall be brought only in the see section 402 of Pub. L. 97–164, set out as a note under court which referred the question or issue. section 171 of this title. (June 25, 1948, ch. 646, 62 Stat. 936; Pub. L. 88–513, EFFECTIVE DATE OF 1975 AMENDMENT § 2, Aug. 30, 1964, 78 Stat. 695; Pub. L. 93–584, § 2, Amendment by Pub. L. 93–584 not applicable to ac- Jan. 2, 1975, 88 Stat. 1917; Pub. L. 97–164, title I, tions commenced on or before last day of first month § 130, Apr. 2, 1982, 96 Stat. 39; Pub. L. 102–572, beginning after Jan. 2, 1975, and actions to enjoin or title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.) suspend orders of Interstate Commerce Commission which are pending when this amendment becomes effec- HISTORICAL AND REVISION NOTES tive shall not be affected thereby, but shall proceed to Based on title 28, U.S.C., 1940 ed., § 43 (Oct. 22, 1913, ch. final disposition under the law existing on the date 32, 38 Stat. 219). they were commenced, see section 10 of Pub. L. 93–584, This section is completely rewritten to give effect to set out as a note under section 2321 of this title. changes recommended by the Judicial Conference of ABOLITION OF INTERSTATE COMMERCE COMMISSION AND the United States. TRANSFER OF FUNCTIONS Section 43 of title 28, U.S.C., 1940 ed., is as follows: ‘‘§ 43. Venue of suits relating to orders of Interstate Interstate Commerce Commission abolished and func- Commerce Commission. tions of Commission transferred, except as otherwise ‘‘The venue of any suit brought to enforce, suspend, provided in Pub. L. 104–88, to Surface Transportation or set aside, in whole or in part, any order of the Inter- Board effective Jan. 1, 1996, by section 702 of Title 49, state Commerce Commission shall be in the judicial Transportation, and section 101 of Pub. L. 104–88, set district wherein is the residence of the party or any of out as a note under section 701 of Title 49. References the parties upon whose petition the order was made, ex- to Interstate Commerce Commission deemed to refer to cept that where the order does not relate to transpor- Surface Transportation Board, a member or employee tation or is not made upon the petition of any party of the Board, or Secretary of Transportation, as appro- the venue shall be in the district where the matter priate, see section 205 of Pub. L. 104–88, set out as a complained of in the petition before the commission note under section 701 of Title 49. arises, and except that where the order does not relate either to transportation or to a matter so complained § 1399. Partition action involving United States of before the commission the matter covered by the Any civil action by any tenant in common or order shall be deemed to arise in the district where one joint tenant for the partition of lands, where the of the petitioners in court has either its principal office or its principal operating office. In case such transpor- United States is one of the tenants in common tation relates to a through shipment the term ‘destina- or joint tenants, may be brought only in the ju- tion’ shall be construed as meaning final destination of dicial district where such lands are located or, if such shipment.’’ The amendment of section 207 of title located in different districts in the same State, 28, U.S.C., 1940 ed., proposed by the Judicial Conference in any of such districts. is: ‘‘Except as otherwise provided in the Act entitled ‘An (June 25, 1948, ch. 646, 62 Stat. 936.) Act to Regulate Commerce’, approved February 4, 1887, HISTORICAL AND REVISION NOTES as amended, the venue of any suit brought to enforce, suspend, or set aside, in whole or in part, any order of Based on title 28, U.S.C., 1940 ed., § 41(25) (Mar. 3, 1911, the Interstate Commerce Commission shall be in the ch. 231, § 24, par. 25, 36 Stat. 1094). judicial district wherein is the residence of the party or Provisions of section 41(25) of title 28, U.S.C., 1940 ed., any of the parties bringing the suit or wherein such relating to jurisdiction are the basis of section 1347 of party or any of such parties has its principal office.’’ this title. The revised section substitutes the words ‘‘Except as Words ‘‘civil action’’ were substituted for ‘‘suits in otherwise provided by law’’ for the words of the con- equity,’’ in view of Rule 2 of the Federal Rules of Civil ference bill, ‘‘in the act entitled ‘An Act to Regulate Procedure. Commerce, approved February 4, 1887, as amended’ ’’. Provision with respect to property in different dis- (See section 16 of title 49, U.S.C., 1940 ed., which pro- tricts was added to conform with section 1392 of this vides for jurisdiction and venue of actions to enforce title. Interstate Commerce Commission orders for the pay- Changes were made in phraseology. ment of money.) § 1400. Patents and copyrights, mask works, and AMENDMENTS designs 1992—Subsec. (b). Pub. L. 102–572 substituted ‘‘United (a) Civil actions, suits, or proceedings arising States Court of Federal Claims’’ for ‘‘United States under any Act of Congress relating to copyrights Claims Court’’. or exclusive rights in mask works or designs 1982—Subsec. (b). Pub. L. 97–164 substituted ‘‘United States Claims Court’’ for ‘‘Court of Claims’’. may be instituted in the district in which the 1975—Subsec. (a). Pub. L. 93–584 substituted provi- defendant or his agent resides or may be found. sions that civil actions under section 1336(a) of this (b) Any civil action for patent infringement title shall be brought only in a judicial district in may be brought in the judicial district where

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the defendant resides, or where the defendant Stat. 849; Mar. 4, 1925, ch. 526, § 1, 43 Stat. 1264; Apr. 16, has committed acts of infringement and has a 1936, ch. 230, 49 Stat. 1213). regular and established place of business. For disposition of other provisions of section 112 of title 28, U.S.C., 1940 ed., see reviser’s note under section (June 25, 1948, ch. 646, 62 Stat. 936; Pub. L. 1391 of this title. 100–702, title X, § 1020(a)(5), Nov. 19, 1988, 102 Stat. Words ‘‘civil action’’ were substituted for ‘‘suit,’’ in view of Rule 2 of the Federal Rules of Civil Procedure. 4671; Pub. L. 105–304, title V, § 503(c)(1), (2), Oct. Words ‘‘other than said corporation,’’ after ‘‘same de- 28, 1998, 112 Stat. 2917; Pub. L. 106–44, § 2(a), Aug. fendants,’’ were omitted as superfluous. Obviously a 5, 1999, 113 Stat. 223.) corporation would not be suing itself. Changes were made in phraseology. HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 109, and section 35 § 1402. United States as defendant of title 17, U.S.C., 1940 ed., Copyrights (Mar. 4, 1909, ch. (a) Any civil action in a district court against 320, § 35, 35 Stat. 1084; Mar. 3, 1911, ch. 231, § 48, 36 Stat. the United States under subsection (a) of section 1100). Section consolidates section 35 of title 17, U.S.C., 1940 1346 of this title may be prosecuted only: ed., with part of section 109 of title 28, U.S.C., 1940 ed., (1) Except as provided in paragraph (2), in the with necessary changes in phraseology. judicial district where the plaintiff resides; Subsection (b) is based on section 109 of title 28, (2) In the case of a civil action by a corpora- U.S.C., 1940 ed., with the following changes: tion under paragraph (1) of subsection (a) of sec- Words ‘‘civil action’’ were substituted for ‘‘suit,’’ and tion 1346, in the judicial district in which is lo- words ‘‘in law or in equity,’’ after ‘‘shall have jurisdic- cated the principal place of business or principal tion’’ were deleted, in view of Rule 2 of the Federal office or agency of the corporation; or if it has Rules of Civil Procedure. no principal place of business or principal office Words in subsection (b) ‘‘where the defendant re- sides’’ were substituted for ‘‘of which the defendant is or agency in any judicial district (A) in the judi- an inhabitant.’’ A corresponding change was made in cial district in which is located the office to subsection (a). Words ‘‘inhabitant’’ and ‘‘resident,’’ as which was made the return of the tax in respect respects venue, are synonymous. (See reviser’s note of which the claim is made, or (B) if no return under section 1391 of this title.) was made, in the judicial district in which lies Words ‘‘whether a person, partnership, or corpora- the District of Columbia. Notwithstanding the tion’’ before ‘‘has committed’’ were omitted as surplus- foregoing provisions of this paragraph a district age. court, for the convenience of the parties and The provisions of section 109 of title 28, U.S.C., 1940 ed., relating to process are incorporated in section 1694 witnesses, in the interest of justice, may trans- of this title. fer any such action to any other district or divi- Jurisdiction and venue of patent suits against resi- sion. dents of foreign countries or persons residing in plural- (b) Any civil action on a tort claim against ity of districts, see section 72a of title 35, U.S.C., 1940 the United States under subsection (b) of section ed., Patents. 1346 of this title may be prosecuted only in the SENATE REVISION AMENDMENT judicial district where the plaintiff resides or wherein the act or omission complained of oc- Title 17 of the United States Code was enacted into curred. positive law by act July 30, 1947, ch. 391, 61 Stat. 652, (c) Any civil action against the United States and, in such enactment, section 35 of the prior title be- came section 111 of the new title, and all Acts from under subsection (e) of section 1346 of this title which sections of the prior title had been derived, were may be prosecuted only in the judicial district repealed. Therefore, this paragraph should read: ‘‘Based where the property is situated at the time of on Title 28, U.S.C., 1940 ed., § 109 (Mar. 3, 1911, ch. 231, levy, or if no levy is made, in the judicial dis- § 48, 36 Stat. 1100), and section 111 of Title 17, U.S.C., trict in which the event occurred which gave 1946 ed., Copyrights.’’ By Senate amendment, section rise to the cause of action. 111 of Title 17 U.S.C., is included in the schedule of re- (d) Any civil action under section 2409a to peals. See 80th Congress Senate Report No. 1559. quiet title to an estate or interest in real prop- AMENDMENTS erty in which an interest is claimed by the United States shall be brought in the district 1999—Pub. L. 106–44 amended section catchline gener- ally so as to read ‘‘Patents and copyrights, mask court of the district where the property is lo- works, and designs’’. cated or, if located in different districts, in any 1998—Pub. L. 105–304, § 503(c)(2), amended section of such districts. catchline generally, substituting ‘‘Patents and copy- (June 25, 1948, ch. 646, 62 Stat. 937; Pub. L. 85–920, rights, mask works, and designs’’ for ‘‘Patents and Sept. 2, 1958, 72 Stat. 1770; Pub. L. 89–719, title II, copyrights’’. Subsec. (a). Pub. L. 105–304, § 503(c)(1), inserted ‘‘or de- § 202(b), Nov. 2, 1966, 80 Stat. 1149; Pub. L. 92–562, signs’’ after ‘‘mask works’’. § 2, Oct. 25, 1972, 86 Stat. 1176; Pub. L. 97–164, title 1988—Subsec. (a). Pub. L. 100–702 inserted ‘‘or exclu- I, § 131, Apr. 2, 1982, 96 Stat. 39.) sive rights in mask works’’ after ‘‘copyrights’’. HISTORICAL AND REVISION NOTES § 1401. Stockholder’s derivative action Based on title 28, U.S.C., 1940 ed., §§ 762, 931(a) (Mar. 3, 1887, ch. 359, § 5, 24 Stat. 506; Aug. 2, 1946, ch. 753, Any civil action by a stockholder on behalf of § 410(a), 60 Stat. 843). his corporation may be prosecuted in any judi- Section consolidates the venue provisions of section cial district where the corporation might have 762 of title 28, U.S.C., 1940 ed., with the venue provisions sued the same defendants. of section 931(a) of such title, the latter provisions re- lating to tort claims cases. The jurisdictional provi- (June 25, 1948, ch. 646, 62 Stat. 936.) sions of such section 931(a) are incorporated in section 1346(b) of this title. For other provisions thereof, see HISTORICAL AND REVISION NOTES Distribution Table. Based on title 28, U.S.C., 1940 ed., § 112 (part) (Mar. 3, Provisions of section 762 of title 28, U.S.C., 1940 ed., 1911, ch. 231, § 51, 36 Stat. 1101; Sept. 19, 1922, ch. 345, 42 relating to the verification and contents of a petition

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filed against the United States were omitted as unnec- (c) A district court may order any civil action essary. Section 265 of title 28, U.S.C., 1940 ed., relative to be tried at any place within the division in to the petition in cases filed in the Court of Claims was which it is pending. also omitted from the revised title. (See, also, Rule 11 (d) As used in this section, the term ‘‘district of the Federal Rules of Civil Procedure.) Words ‘‘civil action’’ were substituted for ‘‘suit’’ in court’’ includes the District Court of Guam, the view of Rule 2 of the Federal Rules of Civil Procedure. District Court for the Northern Mariana Islands, Changes were made in phraseology. and the District Court of the Virgin Islands, and the term ‘‘district’’ includes the territorial ju- AMENDMENTS risdiction of each such court. 1982—Subsec. (a). Pub. L. 97–164 inserted ‘‘in a district court’’ after ‘‘civil action’’ in introductory provisions (June 25, 1948, ch. 646, 62 Stat. 937; Pub. L. 87–845, preceding par. (1). The phrase ‘‘civil action’’ also ap- § 9, Oct. 18, 1962, 76A Stat. 699; Pub. L. 104–317, peared in par. (2), but no change was made to reflect title VI, § 610(a), Oct. 19, 1996, 110 Stat. 3860.) the probable intent of Congress as indicated on page 79 of House Report No. 97–312. HISTORICAL AND REVISION NOTES 1972—Subsec. (d). Pub. L. 92–562 added subsec. (d). Based on title 28, U.S.C., 1940 ed., §§ 119, 163 (Mar. 3, 1966—Subsec. (c). Pub. L. 89–719 added subsec. (c). 1911, ch. 231, § 58, 36 Stat. 1103; Sept. 8, 1916, ch. 475, § 5, 1958—Subsec. (a). Pub. L. 85–920 provided for venue 39 Stat. 851). and change of venue in tax refund suits by corporation. Section consolidates sections 119 and 163 of title 28, EFFECTIVE DATE OF 1982 AMENDMENT U.S.C., 1940 ed., with necessary changes in phraseology and substance. Amendment by Pub. L. 97–164 effective Oct. 1, 1982, Section 119 of title 28, U.S.C., 1940 ed., related only to see section 402 of Pub. L. 97–164, set out as a note under transfer of cases from one division to another on stipu- section 171 of this title. lation of the parties. EFFECTIVE DATE OF 1966 AMENDMENT Subsection (a) was drafted in accordance with the doctrine of forum non conveniens, permitting transfer Amendment by Pub. L. 89–719 applicable after Nov. 2, to a more convenient forum, even though the venue is 1966, see section 203 of Pub. L. 89–719, set out as a note proper. As an example of the need of such a provision, under section 1346 of this title. see Baltimore & Ohio R. Co. v. Kepner, 1941, 62 S.Ct. 6, 314 § 1403. Eminent domain U.S. 44, 86 L.Ed. 28, which was prosecuted under the Federal Employer’s Liability Act in New York, al- Proceedings to condemn real estate for the use though the accident occurred and the employee resided of the United States or its departments or agen- in Ohio. The new subsection requires the court to de- cies shall be brought in the district court of the termine that the transfer is necessary for convenience district where the land is located or, if located of the parties and witnesses, and further, that it is in the interest of justice to do so. in different districts in the same State, in any of Sections 143, 172, 177, and 181 of title 28, U.S.C., 1940 such districts. ed., relating to the district courts of Arizona, Montana, (June 25, 1948, ch. 646, 62 Stat. 937.) New Mexico, and Ohio, contained special provisions similar to subsection (b), applicable to those States. To HISTORICAL AND REVISION NOTES establish uniformity, the general language of such sub- Based on section 257 of title 40, U.S.C., 1940 ed., Public section has been drafted and the special provisions of Buildings, Property, and Works (Aug. 1, 1888, ch. 728, § 1, those sections omitted. 25 Stat. 357; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167). Subsection (b) is based upon section 163 of title 28, Section constitutes the first clause of the second sen- U.S.C., 1940 ed., which applied only to the district of tence of section 257, of title 40, U.S.C., 1940 ed. The re- Maine. This revised subsection extends to all judicial vised section is expressive of the purpose of such sec- districts and permits transfer of cases between divi- tion 257 with necessary changes in phraseology. sions. Criminal cases may be transferred pursuant to The jurisdiction provision of section 257 of title 40, Rules 19–21 of the new Federal Rules of Criminal Proce- U.S.C., 1940 ed., is incorporated in section 1358 of this dure, and the criminal provisions of said section 163 are title. therefore omitted. The remainder of section 257 of title 40, U.S.C., 1940 AMENDMENTS ed., is retained in said title 40. Provision with respect to property in different dis- 1996—Subsec. (d). Pub. L. 104–317 amended subsec. (d) tricts was added to conform with section 1392 of this generally. Prior to amendment, subsec. (d) read as fol- title. lows: ‘‘As used in this section, ‘district court’ includes See, also, section 1392 of this title which fixes venue the United States District Court for the District of the of an action involving property in different districts in Canal Zone; and ‘district’ includes the territorial juris- the same State. diction of that court.’’ 1962—Subsec. (d). Pub. L. 87–845 added subsec. (d). § 1404. Change of venue EFFECTIVE DATE OF 1996 AMENDMENT (a) For the convenience of parties and wit- nesses, in the interest of justice, a district court Section 610(c) of Pub. L. 104–317 provided that: ‘‘The amendments made by this section [amending this sec- may transfer any civil action to any other dis- tion and section 1406 of this title] apply to cases pend- trict or division where it might have been ing on the date of the enactment of this Act [Oct. 19, brought. 1996] and to cases commenced on or after such date.’’ (b) Upon motion, consent or stipulation of all parties, any action, suit or proceeding of a civil EFFECTIVE DATE OF 1962 AMENDMENT nature or any motion or hearing thereof, may be Amendment by Pub. L. 87–845 effective Jan. 2, 1963, transferred, in the discretion of the court, from see section 25 of Pub. L. 87–845, set out as a note under the division in which pending to any other divi- section 414 of this title. sion in the same district. Transfer of proceed- § 1405. Creation or alteration of district or divi- ings in rem brought by or on behalf of the sion United States may be transferred under this sec- tion without the consent of the United States Actions or proceedings pending at the time of where all other parties request transfer. the creation of a new district or division or

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transfer of a county or territory from one divi- Court of Claims were filed in a district court, the dis- sion or district to another may be tried in the trict court, if it were in the interest of justice, was re- district or division as it existed at the institu- quired to transfer the case to the Court of Claims tion of the action or proceeding, or in the dis- where the case would proceed as if it had been filed in the Court of Claims on the date that it was filed in the trict or division so created or to which the coun- district court, was struck out. ty or territory is so transferred as the parties 1962—Subsec. (d). Pub. L. 87–845 added subsec. (d). shall agree or the court direct. 1960—Subsec. (c). Pub. L. 86–770 added subsec. (c). (June 25, 1948, ch. 646, 62 Stat. 937.) 1949—Subsec. (a). Act May 24, 1949, inserted ‘‘dismiss, or if it be in the interest of justice’’. HISTORICAL AND REVISION NOTES EFFECTIVE DATE OF 1996 AMENDMENT Based on title 28, U.S.C., 1940 ed., § 121 (Mar. 3, 1911, Amendment by Pub. L. 104–317 applicable to cases ch. 231, § 59, 36 Stat. 1103). pending on Oct. 19, 1996, and to cases commenced on or Enforcement of liens in like circumstances is pro- after such date, see section 610(c) of Pub. L. 104–317, set vided by section 1656 of this title. out as a note under section 1404 of this title. Remainder of section 121 of title 28, U.S.C., 1940 ed., is incorporated in section 3240 of revised title 18, EFFECTIVE DATE OF 1982 AMENDMENT Crimes and Criminal Procedure (H.R. 1600, 80th Cong.). Amendment by Pub. L. 97–164 effective Oct. 1, 1982, Changes were made in phraseology. see section 402 of Pub. L. 97–164, set out as a note under § 1406. Cure or waiver of defects section 171 of this title. EFFECTIVE DATE OF 1962 AMENDMENT (a) The district court of a district in which is filed a case laying venue in the wrong division Amendment by Pub. L. 87–845 effective Jan. 2, 1962, or district shall dismiss, or if it be in the inter- see section 25 of Pub. L. 87–845, set out as a note under est of justice, transfer such case to any district section 414 of this title. or division in which it could have been brought. EFFECTIVE DATE OF 1960 AMENDMENT (b) Nothing in this chapter shall impair the ju- Section 4 of Pub. L. 86–770 provided in part that: ‘‘The risdiction of a district court of any matter in- amendments made by sections 1 and 2 of this Act [add- volving a party who does not interpose timely ing subsec. (c) of this section and section 1506 of this and sufficient objection to the venue. title] shall apply to any case or proceeding pending on, (c) As used in this section, the term ‘‘district or brought after, the date of enactment of this Act court’’ includes the District Court of Guam, the [Sept. 13, 1960] in the district courts or the Court of District Court for the Northern Mariana Islands, Claims.’’ and the District Court of the Virgin Islands, and § 1407. Multidistrict litigation the term ‘‘district’’ includes the territorial ju- risdiction of each such court. (a) When civil actions involving one or more common questions of fact are pending in dif- (June 25, 1948, ch. 646, 62 Stat. 937; May 24, 1949, ferent districts, such actions may be transferred ch. 139, § 81, 63 Stat. 101; Pub. L. 86–770, § 1, Sept. to any district for coordinated or consolidated 13, 1960, 74 Stat. 912; Pub. L. 87–845, § 10, Oct. 18, pretrial proceedings. Such transfers shall be 1962, 76A Stat. 699; Pub. L. 97–164, title I, § 132, made by the judicial panel on multidistrict liti- Apr. 2, 1982, 96 Stat. 39; Pub. L. 104–317, title VI, gation authorized by this section upon its deter- § 610(b), Oct. 19, 1996, 110 Stat. 3860.) mination that transfers for such proceedings HISTORICAL AND REVISION NOTES will be for the convenience of parties and wit- nesses and will promote the just and efficient 1948 ACT conduct of such actions. Each action so trans- Subsection (a) provides statutory sanction for trans- ferred shall be remanded by the panel at or be- fer instead of dismissal, where venue is improperly laid. fore the conclusion of such pretrial proceedings Subsection (b) is declaratory of existing law. (See to the district from which it was transferred un- 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 less it shall have been previously terminated: that venue provisions are not jurisdictional but may be Provided, however, That the panel may separate waived. any claim, cross-claim, counter-claim, or third- party claim and remand any of such claims be- 1949 ACT fore the remainder of the action is remanded. This section removes an ambiguity in section 1406(a) (b) Such coordinated or consolidated pretrial of title 28, U.S.C., by substituting ‘‘may’’ for ‘‘shall’’, proceedings shall be conducted by a judge or thus making it clear that the court may decline to judges to whom such actions are assigned by the transfer a case brought in the wrong district under cir- judicial panel on multidistrict litigation. For cumstances where it would not be in the interest of jus- tice to make such transfer. [The amendment to section this purpose, upon request of the panel, a circuit 1406(a) of this title described in this note was altered in judge or a district judge may be designated and the bill as enacted. See Cong. Rec., vol. 95, pt. 5, pp. assigned temporarily for service in the trans- 5826, 5827, 6283, 6284.] feree district by the Chief Justice of the United States or the chief judge of the circuit, as may AMENDMENTS be required, in accordance with the provisions of 1996—Subsec. (c). Pub. L. 104–317 amended subsec. (c) chapter 13 of this title. With the consent of the generally. Prior to amendment, subsec. (c) read as fol- transferee district court, such actions may be lows: ‘‘As used in this section, ‘district court’ includes assigned by the panel to a judge or judges of the United States District Court for the District of the such district. The judge or judges to whom such Canal Zone; and ‘district’ includes the territorial juris- diction of that court.’’ actions are assigned, the members of the judi- 1982—Subsecs. (c), (d). Pub. L. 97–164 redesignated cial panel on multidistrict litigation, and other subsec. (d) as (c). Former subsec. (c), which provided circuit and district judges designated when that if a case within the exclusive jurisdiction of the needed by the panel may exercise the powers of

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a district judge in any district for the purpose of ant arising under the antitrust laws. ‘‘Antitrust conducting pretrial depositions in such coordi- laws’’ as used herein include those acts referred nated or consolidated pretrial proceedings. to in the Act of October 15, 1914, as amended (38 (c) Proceedings for the transfer of an action Stat. 730; 15 U.S.C. 12), and also include the Act under this section may be initiated by— of June 19, 1936 (49 Stat. 1526; 15 U.S.C. 13, 13a, (i) the judicial panel on multidistrict litiga- and 13b) and the Act of September 26, 1914, as tion upon its own initiative, or added March 21, 1938 (52 Stat. 116, 117; 15 U.S.C. (ii) motion filed with the panel by a party in 56); but shall not include section 4A of the Act any action in which transfer for coordinated of October 15, 1914, as added July 7, 1955 (69 Stat. or consolidated pretrial proceedings under this 282; 15 U.S.C. 15a). section may be appropriate. A copy of such (h) Notwithstanding the provisions of section motion shall be filed in the district court in 1404 or subsection (f) of this section, the judicial which the moving party’s action is pending. panel on multidistrict litigation may consoli- The panel shall give notice to the parties in date and transfer with or without the consent of all actions in which transfers for coordinated or the parties, for both pretrial purposes and for consolidated pretrial proceedings are con- trial, any action brought under section 4C of the templated, and such notice shall specify the Clayton Act. time and place of any hearing to determine whether such transfer shall be made. Orders of (Added Pub. L. 90–296, § 1, Apr. 29, 1968, 82 Stat. the panel to set a hearing and other orders of 109; amended Pub. L. 94–435, title III, § 303, Sept. the panel issued prior to the order either direct- 30, 1976, 90 Stat. 1396.) ing or denying transfer shall be filed in the of- REFERENCES IN TEXT fice of the clerk of the district court in which a transfer hearing is to be or has been held. The The Federal Rules of Civil Procedure, referred to in panel’s order of transfer shall be based upon a subsec. (f), are set out in the Appendix to this title. Section 4C of the Clayton Act, referred to in subsec. record of such hearing at which material evi- (h), is section 4C of act Oct. 15, 1914, ch. 323, as added dence may be offered by any party to an action by Pub. L. 94–435, title III, § 301, Sept. 30, 1976, 90 Stat. pending in any district that would be affected by 1394, which is classified to section 15c of Title 15, Com- the proceedings under this section, and shall be merce and Trade. supported by findings of fact and conclusions of law based upon such record. Orders of transfer AMENDMENTS and such other orders as the panel may make 1976—Pub. L. 94–435 added subsec. (h). thereafter shall be filed in the office of the clerk of the district court of the transferee district RULES OF PROCEDURE OF THE JUDICIAL and shall be effective when thus filed. The clerk PANEL ON MULTIDISTRICT LITIGATION of the transferee district court shall forthwith (Adopted February 26, 1981, effective June 1, 1981, as transmit a certified copy of the panel’s order to amended to April 2, 2001) transfer to the clerk of the district court from which the action is being transferred. An order I. GENERAL RULES/RULES FOR MULTIDISTRICT denying transfer shall be filed in each district LITIGATION UNDER 28 U.S.C. § 1407 wherein there is a case pending in which the mo- Rule tion for transfer has been made. 1.1: Definitions. (d) The judicial panel on multidistrict litiga- 1.2: Practice. tion shall consist of seven circuit and district 1.3: Failure to Comply with Rules. judges designated from time to time by the 1.4: Admission to Practice Before the Panel and Chief Justice of the United States, no two of Representation in Transferred Actions. whom shall be from the same circuit. The con- 1.5: Effect of the Pendency of an Action Before the Panel. currence of four members shall be necessary to 1.6: Transfer of Files. any action by the panel. 5.1: Keeping Records and Files. (e) No proceedings for review of any order of 5.11: Place of Filing of Papers. the panel may be permitted except by extraor- 5.12: Manner of Filing of Papers. dinary writ pursuant to the provisions of title 5.13: Filing of Papers: Computer Generated Disk 28, section 1651, United States Code. Petitions Required. for an extraordinary writ to review an order of 5.2: Service of Papers Filed. the panel to set a transfer hearing and other or- 5.3: Corporate Disclosure Statement. ders of the panel issued prior to the order either 6.2: Applications for Extensions of Time. directing or denying transfer shall be filed only 7.1: Form of Papers Filed. 7.2: Motion Practice. in the court of appeals having jurisdiction over 7.3: Show Cause Orders. the district in which a hearing is to be or has 7.4: Conditional Transfer Orders for ‘‘Tag-Along been held. Petitions for an extraordinary writ to Actions’’. review an order to transfer or orders subsequent 7.5: Miscellaneous Provisions Concerning ‘‘Tag- to transfer shall be filed only in the court of ap- Along Actions’’. peals having jurisdiction over the transferee dis- 7.6: Termination and Remand. trict. There shall be no appeal or review of an 16.1: Hearing Sessions and Oral Argument. order of the panel denying a motion to transfer II. RULES FOR MULTICIRCUIT PETITIONS FOR for consolidated or coordinated proceedings. REVIEW UNDER 28 U.S.C. § 2112(a)(3) (f) The panel may prescribe rules for the con- 17.1: Random Selection. duct of its business not inconsistent with Acts 25.1: Filing of Notices. of Congress and the Federal Rules of Civil Pro- 25.2: Accompaniments to Notices. cedure. 25.3: Service of Notices. (g) Nothing in this section shall apply to any 25.4: Form of Notices. action in which the United States is a complain- 25.5: Service of Panel Consolidation Order.

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I. GENERAL RULES/RULES FOR MULTI- Rule 1.5: Effect of the Pendency of an Action DISTRICT LITIGATION UNDER 28 U.S.C. Before the Panel § 1407 The pendency of a motion, order to show Rule 1.1: Definitions cause, conditional transfer order or conditional remand order before the Panel concerning trans- As used in these Rules ‘‘Panel’’ means the fer or remand of an action pursuant to 28 U.S.C. members of the Judicial Panel on Multidistrict § 1407 does not affect or suspend orders and pre- Litigation appointed by the Chief Justice of the trial proceedings in the district court in which United States pursuant to Section 1407, Title 28, the action is pending and does not in any way United States Code. limit the pretrial jurisdiction of that court. A ‘‘Clerk of the Panel’’ means the official ap- transfer or remand pursuant to 28 U.S.C. § 1407 pointed by the Panel to act as Clerk of the shall be effective when the transfer or remand Panel and shall include those deputized by the order is filed in the office of the clerk of the dis- Clerk of the Panel to perform or assist in the trict court of the transferee district. performance of the duties of the Clerk of the (As amended June 14, 1988, eff. July 6, 1988; Sept. Panel. 1, 1998, eff. Nov. 2, 1998.) ‘‘Chairman’’ means the Chairman of the Judi- cial Panel on Multidistrict Litigation appointed Rule 1.6: Transfer of Files by the Chief Justice of the United States pursu- (a) Upon receipt of a certified copy of a trans- ant to Section 1407, or the member of the Panel fer order from the clerk of the transferee dis- designated by the Panel to act as Chairman in trict court, the clerk of the transferor district the absence or inability of the appointed Chair- court shall forward to the clerk of the transferee man. district court the complete original file and a A ‘‘tag-along action’’ refers to a civil action certified copy of the docket sheet for each trans- pending in a district court and involving com- ferred action. mon questions of fact with actions previously (b) If an appeal is pending, or a notice of ap- transferred under Section 1407. peal has been filed, or leave to appeal has been (As amended June 14, 1988, eff. July 6, 1988; Sept. sought under 28 U.S.C. § 1292(b) or a petition for 1, 1998, eff. Nov. 2, 1998.) an extraordinary writ is pending, in any action included in an order of transfer under 28 U.S.C. Rule 1.2: Practice § 1407, and the original file or parts thereof have Where not fixed by statute or rule, the prac- been forwarded to the court of appeals, the clerk tice shall be that heretofore customarily fol- of the transferor district court shall notify the lowed by the Panel. clerk of the court of appeals of the order of transfer and secure the original file long enough (As amended June 14, 1988, eff. July 6, 1988; Sept. to prepare and transmit to the clerk of the 1, 1998, eff. Nov. 2, 1998.) transferee district court a certified copy of all papers contained in the original file and a cer- Rule 1.3: Failure to Comply with Rules tified copy of the docket sheet. The Clerk of the Panel may, when a paper sub- (c) If the transfer order provides for the sepa- mitted for filing is not in compliance with the ration and simultaneous remand of any claim, provisions of these Rules, advise counsel of the cross-claim, counterclaim, or third-party claim, deficiencies and a date for full compliance. If the clerk of the transferor district court shall full compliance is not accomplished within the retain the original file and shall prepare and established time, the non-complying paper shall transmit to the clerk of the transferee district nonetheless be filed by the Clerk of the Panel court a certified copy of the docket sheet and but it may be stricken by order of the Chairman copies of all papers except those relating exclu- of the Panel. sively to separated and remanded claims. (d) Upon receipt of an order to remand from (As amended June 14, 1988, eff. July 6, 1988; May the Clerk of the Panel, the transferee district 3, 1993, eff. July 1, 1993; Sept. 1, 1998, eff. Nov. 2, court shall prepare and send to the clerk of the 1998.) transferor district court the following: (i) a certified copy of the individual docket Rule 1.4: Admission to Practice Before the sheet for each action being remanded; Panel and Representation in Transferred Ac- (ii) a certified copy of the master docket tions sheet, if applicable; (iii) the entire file for each action being re- Every member in good standing of the Bar of manded, as originally received from the trans- any district court of the United States is enti- feror district court and augmented as set out tled without condition to practice before the Ju- in this rule; dicial Panel on Multidistrict Litigation. Any at- (iv) a certified copy of the final pretrial torney of record in any action transferred under order, if applicable; and Section 1407 may continue to represent his or (v) a ‘‘record on remand’’ to be composed of her client in any district court of the United those parts of the files and records produced States to which such action is transferred. Par- during coordinated or consolidated pretrial ties to any action transferred under Section 1407 proceedings which have been stipulated to or are not required to obtain local counsel in the designated by counsel as being necessary for district to which such action is transferred. any or all proceedings to be conducted follow- (As amended June 14, 1988, eff. July 6, 1988; Sept. ing remand. It shall be the responsibility of 1, 1998, eff. Nov. 2, 1998.) counsel originally preparing or filing any doc-

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ument to be included in the ‘‘record on re- (b) When papers are submitted for filing, the mand’’ to furnish on request sufficient copies Clerk of the Panel shall endorse thereon the to the clerk of the transferee district court. date for filing. (e) The Clerk of the Panel shall be notified (c) Copies of motions for transfer of an action when any files have been transmitted pursuant or actions pursuant to 28 U.S.C. § 1407 shall be to this Rule. filed in each district court in which an action is pending that will be affected by the motion. (Added June 14, 1988, eff. July 6, 1988; amended Copies of a motion for remand pursuant to 28 Sept. 1, 1998, eff. Nov. 2, 1998.) U.S.C. § 1407 shall be filed in the Section 1407 Rule 5.1: Keeping Records and Files transferee district court in which any action af- fected by the motion is pending. (a) The records and files of the Panel shall be (d) Papers requiring only an original may be kept by the Clerk of the Panel at the offices of faxed to the Panel office with prior approval of the Panel. Records and files may be temporarily the Clerk of the Panel. No papers requiring mul- or permanently removed to such places at such tiple copies shall be accepted via fax. times as the Panel or the Chairman of the Panel shall direct. The Clerk of the Panel may charge (As amended June 14, 1988, eff. July 6, 1988; May fees, as prescribed by the Judicial Conference of 3, 1993, eff. July 1, 1993; Sept. 1, 1998, eff. Nov. 2, the United States, for duplicating records and 1998; Apr. 2, 2001, eff. Apr. 2, 2001.) files. Records and files may be transferred when- Rule 5.13: Filing of Papers: Computer ever appropriate to the Federal Records Center. Generated Disk Required (b) In order to assist the Panel in carrying out its functions, the Clerk of the Panel shall obtain (a) Whenever an original paper and eleven cop- the complaints and docket sheets in all actions ies is required to be submitted for filing to the under consideration for transfer under 28 U.S.C. Clerk of the Panel pursuant to Rule 5.12(a) of § 1407 from the clerk of each district court these Rules, and where a party is represented by wherein such actions are pending. The Clerk of counsel, one copy of that paper must also be the Panel shall similarly obtain any other submitted on a computer readable disk and shall pleadings and orders that could affect the Pan- be filed at the time the party’s paper is filed. el’s decision under 28 U.S.C. § 1407. The disk shall contain the entire paper exclusive (As amended June 14, 1988, eff. July 6, 1988; May of computer non-generated exhibits. The label of 3, 1993, eff. July 1, 1993; Sept. 1, 1998, eff. Nov. 2, the disk shall include i) ‘‘MDL #ll,’’ ii) an ab- 1998.) breviated version of the MDL descriptive title, or other appropriate descriptive title, if not yet Rule 5.11: Place of Filing of Papers designated by the Panel, iii) the identity of the All papers for consideration by the Panel shall type of paper being filed (i.e. motion, response, be submitted for filing to the Clerk of the Panel , etc.), iv) the name of the counsel who by mailing or delivering to: signed the paper, and v) the first named rep- Clerk of the Panel resented party on the paper. Judicial Panel on Multidistrict Litigation (b) The paper must be on a 31⁄2 inch disk in Thurgood Marshall Federal Judiciary Building WordPerfect for Windows format. One Columbus Circle, N.E., Room G–255, North (c) One copy of the disk may be served on each Lobby party separately represented by counsel. If a Washington, D.C. 20002–8004 party chooses to serve a copy of the disk, the No papers shall be left with or mailed to a Judge proof of service, as required by Rule 5.2 of these of the Panel. Rules, must indicate service of the paper in both paper and electronic format. (As amended June 14, 1988, eff. July 6, 1988; May (d) A party may be relieved from the require- 3, 1993, eff. July 1, 1993; Sept. 1, 1998, eff. Nov. 2, ments of this Rule by submitting a written ap- 1998.) plication for a waiver, in a timely manner in ad- Rule 5.12: Manner of Filing of Papers vance of submission of the paper, certifying that compliance with the Rule would impose undue (a) An original of the following papers shall be hardship, that the text of the paper is not avail- submitted for filing to the Clerk of the Panel: a able on disk, or that other unusual circum- proof of service pursuant to Rule 5.2(a) and (b) of stances preclude compliance with this Rule. The these Rules, a notice of appearance pursuant to requirements of this Rule shall not apply to par- Rule 5.2(c) and (d) of these Rules, a corporate ties appearing pro se. Papers embraced by this disclosure statement pursuant to Rule 5.3 of Rule and submitted by counsel after June 1, 2000 these Rules, a status notice pursuant to Rules without a computer disk copy or Panel-approved 7.2(f), 7.3(e) and 7.4(b) of these Rules, a notice of waiver of the requirements of this Rule shall be opposition pursuant to Rules 7.4(c) and 7.6(f)(ii) governed by Rule 1.3 of these Rules. of these Rules, a notice of related action pursu- ant to Rules 7.2(i), 7.3(a) and 7.5(e) of these (Added May 22, 2000, eff. June 1, 2000.) Rules, an application for extension of time pur- Rule 5.2: Service of Papers Filed suant to Rule 6.2 of these Rules, or a notice of presentation or waiver of oral argument pursu- (a) All papers filed with the Clerk of the Panel ant to Rule 16.1(d) of these Rules. An original shall be accompanied by proof of previous or si- and eleven copies of all other papers shall be multaneous service on all other parties in all ac- submitted for filing to the Clerk of the Panel. tions involved in the litigation. Service and The Clerk of the Panel may require that addi- proof of service shall be made as provided in tional copies also be submitted for filing. Rules 5 and 6 of the Federal Rules of Civil Proce-

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dure. The proof of service shall indicate the tion and all liaison counsel. Liaison counsel des- name and complete address of each person ignated by the transferee district court shall re- served and shall indicate the party represented ceive copies of all Panel orders concerning their by each. If a party is not represented by counsel, particular litigation and shall be responsible for the proof of service shall indicate the name of distribution to the parties for whom he or she the party and the party’s last known address. serves as liaison counsel. The proof of service shall indicate why any per- (As amended June 14, 1988, eff. July 6, 1988; May son named as a party in a constituent complaint 3, 1993, eff. July 1, 1993; Sept. 1, 1998, eff. Nov. 2, was not served with the Section 1407 . 1998.) The original proof of service shall be filed with the Clerk of the Panel and copies thereof shall Rule 5.3: Corporate Disclosure Statement be sent to each person included within the proof of service. After the ‘‘Panel Service List’’ de- (a) Any nongovernmental corporate party to a scribed in subsection (d) of this Rule has been matter before the Panel shall file a statement received from the Clerk of the Panel, the ‘‘Panel identifying all its parent corporations and list- Service List’’ shall be utilized for service of re- ing any publicly held company that owns 10% or sponses to motions and all other filings. In such more of the party’s stock. instances, the ‘‘Panel Service List’’ shall be at- (b) A party shall file the corporate disclosure tached to the proof of service and shall be sup- statement within eleven days of the filing of a plemented in the proof of service in the event of motion to transfer or remand, an order to show the presence of additional parties or subsequent cause, or a motion to vacate a conditional trans- corrections relating to any party, counsel or ad- fer order or a conditional remand order. (c) Once a corporate disclosure statement by a dress already on the ‘‘Panel Service List.’’ (b) The proof of service pertaining to motions party has been filed in an MDL docket pursuant for transfer of actions pursuant to 28 U.S.C. to subsection (b) of this Rule, such a party is re- § 1407 shall certify that copies of the motions quired to update the statement to reflect any have been mailed or otherwise delivered for fil- change in the information therein i) until the ing to the clerk of each district court in which matter before the Panel is decided, and ii) with- an action is pending that will be affected by the in eleven days of the filing of any subsequent motion. The proof of service pertaining to a mo- motion to transfer or remand, order to show tion for remand pursuant to 28 U.S.C. § 1407 shall cause, or motion to vacate a conditional trans- certify that a copy of the motion has been fer order or a conditional remand order in that mailed or otherwise delivered for filing to the docket. clerk of the Section 1407 transferee district (Added Apr. 2, 2001, eff. Apr. 2, 2001.) court in which any action affected by the mo- tion is pending. Rule 6.2: Applications for Extensions of Time (c) Within eleven days of filing of a motion to Any application for an extension of time to transfer, an order to show cause or a conditional file a pleading or perform an act required by transfer order, each party or designated attor- these Rules must be in writing, must request a ney shall notify the Clerk of the Panel, in writ- specific number of additional days and may be ing, of the name and address of the attorney des- acted upon by the Clerk of the Panel. Such an ignated to receive service of all pleadings, no- application will be evaluated in relation to the tices, orders and other papers relating to prac- impact on the Panel’s calendar as well as on the tice before the Judicial Panel on Multidistrict basis of the reasons set forth in support of the Litigation. Only one attorney shall be des- application. Any party aggrieved by the Clerk of ignated for each party. Any party not rep- the Panel’s action on such application may sub- resented by counsel shall be served by mailing mit its objections to the Panel for consider- such pleadings to the party’s last known ad- ation. Absent exceptional circumstances, no ex- dress. Requests for an extension of time to file tensions of time shall be granted to file a notice the designation of attorney shall not be granted of opposition to either a conditional transfer except in extraordinary circumstances. order or a conditional remand order. All applica- (d) In order to facilitate compliance with sub- tions for extensions of time shall be filed and section (a) of this Rule, the Clerk of the Panel served in conformity with Rules 5.12, 5.2 and 7.1 shall prepare and serve on all counsel and par- of these Rules. ties not represented by counsel, a ‘‘Panel Serv- ice List’’ containing the names and addresses of (As amended June 14, 1988, eff. July 6, 1988; May the designated attorneys and the party or par- 3, 1993, eff. July 1, 1993; Sept. 1, 1998, eff. Nov. 2, ties they represent in the actions under consid- 1998.) eration by the Panel and the names and address- Rule 7.1: Form of Papers Filed es of the parties not represented by counsel in the actions under consideration by the Panel. (a) Averments in any motion seeking action After the ‘‘Panel Service List’’ has been received by the Panel shall be made in numbered para- from the Clerk of the Panel, notice of subse- graphs, each of which shall be limited, as far as quent corrections relating to any party, counsel practicable, to a statement of a single factual or address on the ‘‘Panel Service List’’ shall be averment. served on all other parties in all actions in- (b) Responses to averments in motions shall be volved in the litigation. made in numbered paragraphs, each of which (e) If following transfer of any group of multi- shall correspond to the number of the paragraph district litigation, the transferee district court of the motion to which the responsive paragraph appoints liaison counsel, this Rule shall be sat- is directed. Each responsive paragraph shall isfied by serving each party in each affected ac- admit or deny wholly or in part the averment of

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the motion, and shall contain the respondent’s to. Failure of a party to respond to a motion version of the subject matter when the aver- shall be treated as that party’s acquiescence to ment or the motion is not wholly admitted. the action requested in the motion. (c) Each pleading filed shall be: (d) The movant may, within five days after the (i) flat and unfolded; lapse of the time period for filing responsive (ii) plainly written, typed in double space, briefs, file a single brief in reply to any opposi- printed or prepared by means of a duplicating tion. process, without erasures or interlineations (e) Motions, their accompaniments, responses, which materially deface it; and replies shall also be governed by Rules 5.12, (iii) on opaque, unglazed, white paper (not 5.2 and 7.1 of these Rules. onionskin); (f) With respect to any action that is the sub- (iv) approximately 81⁄2 × 11 inches in size; and ject of Panel consideration, counsel shall (v) fastened at the top-left corner without promptly notify the Clerk of the Panel of any side binding or front or back covers. development that would partially or completely (d) The heading on the first page of each plead- moot the matter before the Panel. ing shall commence not less than three inches (g) A joinder in a motion shall not add any ac- from the top of the page. Each pleading shall tion to the previous motion. bear the heading ‘‘Before the Judicial Panel on (h) Once a motion is filed, any other pleading Multidistrict Litigation,’’ the identification that purports to be a ‘‘motion’’ in the docket ‘‘MDL Docket No. ll’’ and the descriptive title shall be filed by the Clerk of the Panel as a re- designated by the Panel for the litigation in- sponse unless the ‘‘motion’’ adds an action. The volved. If the Panel has not yet designated a Clerk of the Panel, upon designating such a title, an appropriate descriptive title shall be pleading as a motion, shall acknowledge that used. designation by the distribution of a briefing (e) The final page of each pleading shall con- schedule to all parties in the docket. Response tain the name, address and telephone number of time resulting from an additional motion shall the attorney or party in active charge of the ordinarily be extended only to those parties di- case. Each attorney shall also include the name rectly affected by the additional motion. An ac- of each party represented. celerated briefing schedule for the additional (f) Except with the approval of the Panel, each motion may be set by the Clerk of the Panel to brief submitted for filing with the Panel shall be conform with the hearing session schedule es- limited to twenty pages, exclusive of exhibits. tablished by the Chairman. Absent exceptional circumstances, motions to (i) Any party or counsel in a new group of ac- exceed page limits shall not be granted. tions under consideration by the Panel for (g) Exhibits exceeding a cumulative total of 50 transfer under Section 1407 shall promptly no- pages shall be fastened separately from the ac- tify the Clerk of the Panel of any potential tag- companying pleading. along action in which that party is also named (h) Proposed Panel orders shall not be submit- or in which that counsel appears. ted with papers for filing. (As amended June 14, 1988, eff. July 6, 1988; May (As amended June 14, 1988, eff. July 6, 1988; May 3, 1993, eff. July 1, 1993; Sept. 1, 1998, eff. Nov. 2, 3, 1993, eff. July 1, 1993; Sept. 1, 1998, eff. Nov. 2, 1998; Apr. 2, 2001, eff. Apr. 2, 2001.) 1998; Apr. 2, 2001, eff. Apr. 2, 2001.) Rule 7.3: Show Cause Orders Rule 7.2: Motion Practice (a) When transfer of multidistrict litigation is (a) All requests for action by the Panel under being considered on the initiative of the Panel 28 U.S.C. § 1407 shall be made by written motion. pursuant to 28 U.S.C. § 1407(c)(i), an order shall Every motion shall be accompanied by: be filed by the Clerk of the Panel directing the (i) a brief in support thereof in which the parties to show cause why the action or actions background of the litigation and factual and should not be transferred for coordinated or con- legal contentions of the movant shall be con- solidated pretrial proceedings. Any party or cisely stated in separate portions of the brief counsel in such actions shall promptly notify with citation of applicable authorities; and the Clerk of the Panel of any other federal dis- (ii) a schedule giving trict court actions related to the litigation en- (A) the complete name of each action in- compassed by the show cause order. Such notifi- volved, listing the full name of each party cation shall be made for additional actions pend- included as such on the district court’s dock- ing at the time of the issuance of the show cause et sheet, not shortened by the use of ref- order and whenever new actions are filed. erences such as ‘‘et al.’’ or ‘‘etc.’’; (b) Any party may file a response to the show (B) the district court and division in which cause order within twenty days of the filing of each action is pending; said order unless otherwise provided for in the (C) the civil action number of each action; order. Failure of a party to respond to a show and cause order shall be treated as that party’s ac- (D) the name of the judge assigned each quiescence to the Panel action contemplated in action, if known. the order. (b) The Clerk of the Panel shall notify recipi- (c) Within five days after the lapse of the time ents of a motion of the filing date, caption, MDL period for filing a response, any party may file docket number, briefing schedule and pertinent a reply limited to new matters. Panel policies. (d) Responses and replies shall be filed and (c) Within twenty days after filing of a mo- served in conformity with Rules 5.12, 5.2 and 7.1 tion, all other parties shall file a response there- of these Rules.

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(e) With respect to any action that is the sub- (b) Upon learning of the pendency of a poten- ject of Panel consideration, counsel shall tial ‘‘tag-along action’’ and having reasonable promptly notify the Clerk of the Panel of any anticipation of opposition to transfer of that ac- development that would partially or completely tion, the Panel may direct the Clerk of the moot the matter before the Panel. Panel to file a show cause order, in accordance with Rule 7.3 of these Rules, instead of a condi- (As amended June 14, 1988, eff. July 6, 1988; May tional transfer order. 3, 1993, eff. July 1, 1993; Sept. 1, 1998, eff. Nov. 2, (c) Failure to serve one or more of the defend- 1998.) ants in a potential ‘‘tag-along action’’ with the Rule 7.4: Conditional Transfer Orders for ‘‘Tag- complaint and summons as required by Rule 4 of Along Actions’’ the Federal Rules of Civil Procedure does not preclude transfer of such action under Section (a) Upon learning of the pendency of a poten- 1407. Such failure, however, may be submitted tial ‘‘tag-along action,’’ as defined in Rule 1.1 of by such a defendant as a basis for opposing the these Rules, an order may be entered by the proposed transfer if prejudice can be shown. The Clerk of the Panel transferring that action to inability of the Clerk of the Panel to serve a the previously designated transferee district conditional transfer order on all plaintiffs or de- court on the basis of the prior hearing session(s) fendants or their counsel shall not render the and for the reasons expressed in previous opin- transfer of the action void but can be submitted ions and orders of the Panel in the litigation. by such a party as a basis for moving to remand The Clerk of the Panel shall serve this order on as to such party if prejudice can be shown. each party to the litigation but, in order to af- (d) A civil action apparently involving com- ford all parties the opportunity to oppose trans- mon questions of fact with actions under consid- fer, shall not send the order to the clerk of the eration by the Panel for transfer under Section transferee district court for fifteen days from 1407, which was either not included in a motion the entry thereof. under Rule 7.2 of these Rules, or was included in (b) Parties to an action subject to a condi- such a motion that was filed too late to be in- tional transfer order shall notify the Clerk of cluded in the initial hearing session, will ordi- the Panel within the fifteen-day period if that narily be treated by the Panel as a potential action is no longer pending in its transferor dis- ‘‘tag-along action.’’ trict court. (e) Any party or counsel in actions previously (c) Any party opposing the transfer shall file a transferred under Section 1407 or under consid- notice of opposition with the Clerk of the Panel eration by the Panel for transfer under Section within the fifteen-day period. If a notice of oppo- 1407 shall promptly notify the Clerk of the Panel sition is received by the Clerk of the Panel with- of any potential ‘‘tag-along actions’’ in which in this fifteen-day period, the Clerk of the Panel that party is also named or in which that coun- shall not transmit said order to the clerk of the sel appears. transferee district court until further order of the Panel. The Clerk of the Panel shall notify (As amended June 14, 1988, eff. July 6, 1988; May the parties of the briefing schedule. 3, 1993, eff. July 1, 1993; Sept. 1, 1998, eff. Nov. 2, (d) Within fifteen days of the filing of its no- 1998; Apr. 2, 2001, eff. Apr. 2, 2001.) tice of opposition, the party opposing transfer Rule 7.6: Termination and Remand shall file a motion to vacate the conditional transfer order and brief in support thereof. The In the absence of unusual circumstances— Chairman of the Panel shall set the motion for (a) Actions terminated in the transferee dis- the next appropriate hearing session of the trict court by valid judgment, including but not Panel. Failure to file and serve a motion and limited to , judgment of dis- brief shall be treated as withdrawal of the oppo- missal and judgment upon stipulation, shall not sition and the Clerk of the Panel shall forthwith be remanded by the Panel and shall be dismissed transmit the order to the clerk of the transferee by the transferee district court. The clerk of the district court. transferee district court shall send a copy of the (e) Conditional transfer orders do not become order terminating the action to the Clerk of the effective unless and until they are filed with the Panel but shall retain the original files and clerk of the transferee district court. records unless otherwise directed by the trans- (f) Notices of opposition and motions to vacate feree judge or by the Panel. such orders of the Panel and responses thereto (b) Each action transferred only for coordi- shall be governed by Rules 5.12, 5.2, 7.1 and 7.2 of nated or consolidated pretrial proceedings that these Rules. has not been terminated in the transferee dis- trict court shall be remanded by the Panel to (As amended June 14, 1988, eff. July 6, 1988; Sept. the transferor district for trial. Actions that 1, 1998, eff. Nov. 2, 1998; Apr. 2, 2001, eff. Apr. 2, were originally filed in the transferee district 2001.) require no action by the Panel to be reassigned to another judge in the transferee district at the Rule 7.5: Miscellaneous Provisions Concerning conclusion of the coordinated or consolidated ‘‘Tag-Along Actions’’ pretrial proceedings affecting those actions. (a) Potential ‘‘tag-along actions’’ filed in the (c) The Panel shall consider remand of each transferee district require no action on the part transferred action or any separable claim, cross- of the Panel and requests for assignment of such claim, counterclaim or third-party claim at or actions to the Section 1407 transferee judge before the conclusion of coordinated or consoli- should be made in accordance with local rules dated pretrial proceedings on for the assignment of related actions. (i) motion of any party,

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(ii) suggestion of the transferee district mand shall file a motion to vacate the condi- court, or tional remand order and brief in support (iii) the Panel’s own initiative, by entry of thereof. The Chairman of the Panel shall set an order to show cause, a conditional remand the motion for the next appropriate hearing order or other appropriate order. session of the Panel. Failure to file and serve (d) The Panel is reluctant to order remand ab- a motion and brief shall be treated as a with- sent a suggestion of remand from the transferee drawal of the opposition and the Clerk of the district court. If remand is sought by motion of Panel shall forthwith transmit the order to a party, the motion shall be accompanied by: the clerk of the transferee district court. (i) an affidavit reciting (iv) Conditional remand orders do not be- (A) whether the movant has requested a come effective unless and until they are filed suggestion of remand from the transferee with the clerk of the transferee district court. district court, how the court responded to (v) Notices of opposition and motions to va- any request, and, if no such request was cate such orders of the Panel and responses made, why; thereto shall be governed by Rules 5.12, 5.2, 7.1 (B) whether all common and and 7.2 of these Rules. other pretrial proceedings have been com- (g) Upon receipt of an order to remand from pleted in the action sought to be remanded, the Clerk of the Panel, the parties shall furnish and if not, what remains to be done; and forthwith to the transferee district clerk a stip- (C) whether all orders of the transferee dis- ulation or designation of the contents of the trict court have been satisfactorily complied record or part thereof to be remanded and fur- with, and if not, what remains to be done; nish the transferee district clerk all necessary and copies of any pleading or other matter filed so (ii) a copy of the transferee district court’s as to enable the transferee district clerk to com- final pretrial order, where such order has been ply with the order of remand. entered. (As amended June 14, 1988, eff. July 6, 1988; May Motions to remand and responses thereto shall 3, 1993, eff. July 1, 1993; Sept. 1, 1998, eff. Nov. 2, be governed by Rules 5.12, 5.2, 7.1 and 7.2 of these 1998; Apr. 2, 2001, eff. Apr. 2, 2001.) Rules. Rule 16.1: Hearing Sessions and Oral Argument (e) When an order to show cause why an action or actions should not be remanded is entered (a) Hearing sessions of the Panel for the pres- pursuant to subsection (c), paragraph (iii) of this entation of oral argument and consideration of Rule, any party may file a response within twen- matters taken under submission without oral ty days of the filing of said order unless other- argument shall be held as ordered by the Panel. wise provided for in the order. Within five days The Panel shall convene whenever and wherever of filing of a party’s response, any party may desirable or necessary in the judgment of the file a reply brief limited to new matters. Failure Chairman. The Chairman shall determine which of a party to respond to a show cause order re- matters shall be considered at each hearing ses- garding remand shall be treated as that party’s sion and the Clerk of the Panel shall give notice acquiescence to the remand. Responses and re- to counsel for all parties involved in the litiga- plies shall be filed and served in conformity with tion to be so considered of the time, place and Rules 5.12, 5.2 and 7.1 of these Rules. subject matter of such hearing session. (f) Conditional Remand Orders (b) Each party filing a motion or a response to (i) When the Panel has been advised by the a motion or order of the Panel under Rules 7.2, transferee district judge, or otherwise has rea- 7.3, 7.4 or 7.6 of these Rules may file simulta- son to believe, that pretrial proceedings in the neously therewith a separate statement limited litigation assigned to the transferee district to one page setting forth reasons why oral argu- judge are concluded or that remand of an ac- ment should, or need not, be heard. Such state- tion or actions is otherwise appropriate, an ments shall be captioned ‘‘Reasons Why Oral Ar- order may be entered by the Clerk of the gument Should [Need Not] Be Heard,’’ and shall Panel remanding the action or actions to the be filed and served in conformity with Rules 5.12 transferor district court. The Clerk of the and 5.2 of these Rules. Panel shall serve this order on each party to (c) No transfer or remand determination re- the litigation but, in order to afford all parties garding any action pending in the district court the opportunity to oppose remand, shall not shall be made by the Panel when any party send the order to the clerk of the transferee timely opposes such transfer or remand unless a district court for fifteen days from the entry hearing session has been held for the presen- thereof. tation of oral argument except that the Panel (ii) Any party opposing the remand shall file may dispense with oral argument if it deter- a notice of opposition with the Clerk of the mines that: Panel within the fifteen-day period. If a notice (i) the dispositive issue(s) have been authori- of opposition is received by the Clerk of the tatively decided; or Panel within this fifteen-day period, the Clerk (ii) the facts and legal arguments are ade- of the Panel shall not transmit said order to quately presented in the briefs and record, and the clerk of the transferee district court until the decisional process would not be signifi- further order of the Panel. The Clerk of the cantly aided by oral argument. Panel shall notify the parties of the briefing Unless otherwise ordered by the Panel, all other schedule. matters before the Panel, such as a motion for (iii) Within fifteen days of the filing of its reconsideration, shall be considered and deter- notice of opposition, the party opposing re- mined upon the basis of the papers filed.

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(d) In those matters in which oral argument is (b) A consolidation of petitions for review not scheduled by the Panel, counsel shall be shall be effective when the Panel’s consolidation promptly advised. If oral argument is scheduled order is filed at the offices of the Panel by the in a matter the Clerk of the Panel may require Clerk of the Panel. counsel for all parties who wish to make or to (Added June 14, 1988, eff. July 6, 1988; amended waive oral argument to file and serve notice to Sept. 1, 1998, eff. Nov. 2, 1998.) that effect within a stated time in conformity with Rules 5.12 and 5.2 of these Rules. Failure to Rule 25.1: Filing of Notices do so shall be deemed a waiver of oral argument by that party. If oral argument is scheduled but (a) An original of a notice of multicircuit peti- not attended by a party, the matter shall not be tions for review pursuant to 28 U.S.C. § 2112(a)(3) rescheduled and that party’s position shall be shall be submitted for filing to the Clerk of the treated as submitted for decision by the Panel Panel by the affected agency, board, commission on the basis of the papers filed. or officer. The term ‘‘agency’’ as used in Section (e) Except for leave of the Panel on a showing II of these Rules shall include agency, board, of good cause, only those parties to actions commission or officer. scheduled for oral argument who have filed a (b) All notices of multicircuit petitions for re- motion or written response to a motion or order view submitted by the affected agency for filing shall be permitted to appear before the Panel with the Clerk of the Panel shall embrace exclu- and present oral argument. sively petitions for review filed in the courts of (f) Counsel for those supporting transfer or re- appeals within ten days after issuance of an mand under Section 1407 and counsel for those agency order and received by the affected agen- opposing such transfer or remand are to confer cy from the petitioners within that ten-day pe- separately prior to the oral argument for the riod. purpose of organizing their arguments and se- (c) When a notice of multicircuit petitions for lecting representatives to present all views review is submitted for filing to the Clerk of the without duplication. Panel, the Clerk of the Panel shall file the no- (g) Unless otherwise ordered by the Panel, a tice and endorse thereon the date of filing. maximum of twenty minutes shall be allotted (d) Copies of notices of multicircuit petitions for oral argument in each matter. The time for review shall be filed by the affected agency shall be divided equally among those with vary- with the clerk of each circuit court of appeals in ing viewpoints. Counsel for the moving party or which a petition for review is pending that is in- parties shall generally be heard first. cluded in the notice. (h) So far as practicable and consistent with (Added June 14, 1988, eff. July 6, 1988; amended the purposes of Section 1407, the offering of oral May 3, 1993, eff. July 1, 1993; Sept. 1, 1998, eff. testimony before the Panel shall be avoided. Ac- Nov. 2, 1998.) cordingly, oral testimony shall not be received except upon notice, motion and order of the Rule 25.2: Accompaniments to Notices Panel expressly providing for it. (i) After an action or group of actions has been (a) All notices of multicircuit petitions for re- set for a hearing session, consideration of such view shall be accompanied by: action(s) may be continued only by order of the (i) a copy of each involved petition for re- Panel on good cause shown. view as the petition for review is defined in 28 U.S.C. § 2112(a)(2); and (As amended June 14, 1988, eff. July 6, 1988; May (ii) a schedule giving 3, 1993, eff. July 1, 1993; Sept. 1, 1998, eff. Nov. 2, (A) the date of the relevant agency order; 1998; Apr. 2, 2001, eff. Apr. 2, 2001.) (B) the case name of each petition for re- II. RULES FOR MULTICIRCUIT PETITIONS view involved; FOR REVIEW UNDER 28 U.S.C. § 2112(a)(3) (C) the circuit court of appeals in which each petition for review is pending; Rule 17.1: Random Selection (D) the appellate docket number of each (a) Upon filing a notice of multicircuit peti- petition for review; tions for review, the Clerk of the Panel or des- (E) the date of filing by the court of ap- ignated deputy shall randomly select a circuit peals of each petition for review; and court of appeals from a drum containing an (F) the date of receipt by the agency of entry for each circuit wherein a constituent pe- each petition for review. tition for review is pending. Multiple petitions (b) The schedule in Subsection (a)(ii) of this for review pending in a single circuit shall be al- Rule shall also be governed by Rules 25.1, 25.3 lotted only a single entry in the drum. This ran- and 25.4(a) of these Rules. dom selection shall be witnessed by the Clerk of the Panel or a designated deputy other than the (Added June 14, 1988, eff. July 6, 1988; amended random selector. Thereafter, an order on behalf Sept. 1, 1998, eff. Nov. 2, 1998.) of the Panel shall be issued, signed by the ran- Rule 25.3: Service of Notices dom selector and the witness, (i) consolidating the petitions for review in (a) All notices of multicircuit petitions for re- the court of appeals for the circuit that was view shall be accompanied by proof of service by randomly selected; and the affected agency on all other parties in all pe- (ii) designating that circuit as the one in titions for review included in the notice. Service which the record is to be filed pursuant to and proof of service shall be made as provided in Rules 16 and 17 of the Federal Rules of Appel- Rule 25 of the Federal Rules of Appellate Proce- late Procedure. dure. The proof of service shall state the name

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and address of each person served and shall indi- cuit courts of appeals that were among the can- cate the party represented by each. If a party is didates for the Panel’s random selection. not represented by counsel, the proof of service (Added June 14, 1988, eff. July 6, 1988; amended shall indicate the name of the party and his or Sept. 1, 1998, eff. Nov. 2, 1998.) her last known address. The original proof of service shall be submitted by the affected agen- § 1408. Venue of cases under title 11 cy for filing with the Clerk of the Panel and cop- ies thereof shall be sent by the affected agency Except as provided in section 1410 of this title, to each person included within the proof of serv- a case under title 11 may be commenced in the ice. district court for the district— (b) The proof of service pertaining to notices (1) in which the domicile, residence, prin- of multicircuit petitions for review shall certify cipal place of business in the United States, or that copies of the notices have been mailed or principal assets in the United States, of the otherwise delivered by the affected agency for person or entity that is the subject of such filing to the clerk of each circuit court of ap- case have been located for the one hundred peals in which a petition for review is pending and eighty days immediately preceding such that is included in the notice. commencement, or for a longer portion of such one-hundred-and-eighty-day period than the (Added June 14, 1988, eff. July 6, 1988; amended domicile, residence, or principal place of busi- Sept. 1, 1998, eff. Nov. 2, 1998.) ness, in the United States, or principal assets Rule 25.4: Form of Notices in the United States, of such person were lo- cated in any other district; or (a) Each notice of multicircuit petitions for (2) in which there is pending a case under review shall be title 11 concerning such person’s affiliate, gen- (i) flat and unfolded; eral partner, or partnership. (ii) plainly written, typed in double space, printed or prepared by means of a duplicating (Added Pub. L. 98–353, title I, § 102(a), July 10, process, without erasures or interlineations 1984, 98 Stat. 334.) which materially deface it; PRIOR PROVISIONS (iii) on opaque, unglazed white paper (not onionskin); A prior section 1408, added by Pub. L. 95–598, title II, § 240(a), Nov. 6, 1978, 92 Stat. 2668, which related to 1 × (iv) approximately 8 ⁄2 11 inches in size; and bankruptcy appeals, did not become effective pursuant (v) fastened at the top-left corner without to section 402(b) of Pub. L. 95–598, as amended, set out side binding or front or back covers. as an Effective Date note preceding section 101 of Title (b) The heading on the first page of each no- 11, Bankruptcy. tice of multicircuit petitions for review shall EFFECTIVE DATE commence not less that three inches from the Section effective July 10, 1984, see section 122(a) of top of the page. Each notice shall bear the head- Pub. L. 98–353, set out as a note under section 151 of ing [‘‘]Notice to the Judicial Panel on Multi- this title. district Litigation of Multicircuit Petitions for Review,’’ followed by a brief caption identifying § 1409. Venue of proceedings arising under title the involved agency, the relevant agency order, 11 or arising in or related to cases under title and the date of the order. 11 (c) The final page of each notice of multi- circuit petitions for review shall contain the (a) Except as otherwise provided in sub- name, address and telephone number of the indi- sections (b) and (d), a proceeding arising under vidual or individuals who submitted the notice title 11 or arising in or related to a case under on behalf of the agency. title 11 may be commenced in the district court in which such case is pending. (Added June 14, 1988, eff. July 6, 1988; amended (b) Except as provided in subsection (d) of this May 3, 1993, eff. July 1, 1993; Sept. 1, 1998, eff. section, a trustee in a case under title 11 may Nov. 2, 1998.) commence a proceeding arising in or related to Rule 25.5: Service of Panel Consolidation Order such case to recover a money judgment of or property worth less than $1,000 or a consumer (a) The Clerk of the Panel shall serve the Pan- debt of less than $5,000 only in the district court el’s consolidation order on the affected agency for the district in which the defendant resides. through the individual or individuals, as identi- (c) Except as provided in subsection (b) of this fied in Rule 25.4(c) of these Rules, who submit- section, a trustee in a case under title 11 may ted the notice of multicircuit petitions for re- commence a proceeding arising in or related to view on behalf of the agency. such case as statutory successor to the debtor or (b) That individual or individuals, or anyone creditors under section 541 or 544(b) of title 11 in else designated by the agency, shall promptly the district court for the district where the serve the Panel’s consolidation order on all State or Federal court sits in which, under ap- other parties in all petitions for review included plicable nonbankruptcy venue provisions, the in the Panel’s consolidation order, and shall debtor or creditors, as the case may be, may promptly submit a proof of that service to the have commenced an action on which such pro- Clerk of the Panel. Service and proof of that ceeding is based if the case under title 11 had service shall also be governed by Rule 25.3 of not been commenced. these Rules. (d) A trustee may commence a proceeding (c) The Clerk of the Panel shall serve the Pan- arising under title 11 or arising in or related to el’s consolidation order on the clerks of all cir- a case under title 11 based on a claim arising

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after the commencement of such case from the EFFECTIVE DATE operation of the business of the debtor only in Section effective July 10, 1984, except that subsec. (a) the district court for the district where a State not applicable with respect to cases under Title 11, or Federal court sits in which, under applicable Bankruptcy, that are pending on July 10, 1984, or to nonbankruptcy venue provisions, an action on proceedings arising in or related to such cases, see sec- such claim may have been brought. tion 122(a), (b) of Pub. L. 98–353, set out as a note under (e) A proceeding arising under title 11 or aris- section 151 of this title. ing in or related to a case under title 11, based § 1412. Change of venue on a claim arising after the commencement of such case from the operation of the business of A district court may transfer a case or pro- the debtor, may be commenced against the rep- ceeding under title 11 to a district court for an- resentative of the estate in such case in the dis- other district, in the interest of justice or for trict court for the district where the State or the convenience of the parties. Federal court sits in which the party commenc- (Added Pub. L. 98–353, title I, § 102(a), July 10, ing such proceeding may, under applicable non- 1984, 98 Stat. 335.) bankruptcy venue provisions, have brought an EFFECTIVE DATE action on such claim, or in the district court in which such case is pending. Section effective July 10, 1984, see section 122(a) of Pub. L. 98–353, set out as a note under section 151 of (Added Pub. L. 98–353, title I, § 102(a), July 10, this title. 1984, 98 Stat. 334.) § 1413. Venue of cases under chapter 5 of title 3 EFFECTIVE DATE Notwithstanding the preceding provisions of Section effective July 10, 1984, see section 122(a) of this chapter, a civil action under section 1346(g) Pub. L. 98–353, set out as a note under section 151 of may be brought in the United States district this title. court for the district in which the employee is § 1410. Venue of cases ancillary to foreign pro- employed or in the United States District Court ceedings for the District of Columbia. (Added Pub. L. 104–331, § 3(b)(2)(A), Oct. 26, 1996, (a) A case under section 304 of title 11 to enjoin 110 Stat. 4069.) the commencement or continuation of an action or proceeding in a State or Federal court, or the CODIFICATION enforcement of a judgment, may be commenced Pub. L. 104–331, § 3(b)(2)(A), which directed the amend- only in the district court for the district where ment of chapter 37 of this title by adding this section the State or Federal court sits in which is pend- at end, was executed by adding this section at the end ing the action or proceeding against which the of chapter 87 of this title to reflect the probable intent is sought. of Congress. (b) A case under section 304 of title 11 to enjoin EFFECTIVE DATE the enforcement of a lien against a property, or Section effective Oct. 1, 1997, see section 3(d) of Pub. to require the turnover of property of an estate, L. 104–331, set out as a note under section 1296 of this may be commenced only in the district court for title. the district in which such property is found. (c) A case under section 304 of title 11, other CHAPTER 89—DISTRICT COURTS; REMOVAL than a case specified in subsection (a) or (b) of OF CASES FROM STATE COURTS this section, may be commenced only in the dis- Sec. trict court for the district in which is located 1441. Actions removable generally. the principal place of business in the United 1442. Federal officers and agencies sued or pros- States, or the principal assets in the United ecuted.1 States, of the estate that is the subject of such 1442a. Members of armed forces sued or prosecuted. case. 1443. Civil rights cases. 1444. Foreclosure action against United States. (Added Pub. L. 98–353, title I, § 102(a), July 10, 1445. Nonremovable actions. 1984, 98 Stat. 335.) 1446. Procedure for removal. 1447. Procedure after removal generally. EFFECTIVE DATE 1448. Process after removal. 1449. State court record supplied. Section effective July 10, 1984, see section 122(a) of 1450. Attachment or sequestration; securities. Pub. L. 98–353, set out as a note under section 151 of 1451. Definitions. this title. 1452. Removal of claims related to bankruptcy cases. § 1411. Jury trials AMENDMENTS (a) Except as provided in subsection (b) of this 1996—Pub. L. 104–317, title II, § 206(b), Oct. 19, 1996, 110 section, this chapter and title 11 do not affect Stat. 3850, inserted ‘‘and agencies’’ after ‘‘officers’’ in any right to trial by jury that an individual has item 1442. under applicable nonbankruptcy law with regard 1984—Pub. L. 98–353, title I, § 103(b), July 10, 1984, 98 to a personal injury or wrongful death tort Stat. 335, added item 1452. claim. 1970—Pub. L. 91–358, title I, § 172(d)(2), July 29, 1970, 84 (b) The district court may order the issues Stat. 591, added item 1451. 1958—Pub. L. 85–554, § 5(b), July 25, 1958, 72 Stat. 416, arising under section 303 of title 11 to be tried substituted ‘‘Nonremovable actions’’ for ‘‘Carriers; without a jury. non-removable actions’’ in item 1445. (Added Pub. L. 98–353, title I, § 102(a), July 10, 1984, 98 Stat. 335.) 1 So in original. Does not conform to section catchline.

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AMENDMENTS of justice, was to transfer such civil action to the Court of International Trade, where such action would pro- 1993—Par. (1). Pub. L. 103–182 inserted ‘‘593A,’’ after ceed as if it had been commenced in the Court of Inter- ‘‘592,’’. national Trade in the first instance, and that if a civil 1986—Par. (1). Pub. L. 99–514 substituted ‘‘641(b)(6)’’ action within the exclusive jurisdiction of a district for ‘‘641(a)(1)(C)’’. court, a court of appeals, or the Court of Customs and 1984—Par. (1). Pub. L. 98–573 inserted references to Patent Appeals was commenced in the Court of Inter- section 641(a)(1)(C) and 641(d)(2)(A) of the Tariff Act of national Trade, the Court of International Trade, in 1930. the interest of justice, would transfer such civil action EFFECTIVE DATE OF 1984 AMENDMENT to the appropriate district court or court of appeals or to the Court of Customs and Patent Appeals where such Amendment by Pub. L. 98–573 effective on close of action was to proceed as if it had been commenced in 180th day after Oct. 30, 1984, see section 214(d) of Pub. such court in the first instance, prior to repeal by Pub. L. 98–573, set out as a note under section 1304 of Title L. 97–164, title I, § 135, Apr. 2, 1982, 96 Stat. 41, effective 19, Customs Duties. Oct. 1, 1982.

EFFECTIVE DATE AMENDMENTS Section applicable with respect to civil actions com- 1993—Pub. L. 103–182 amended section catchline gen- menced on or after the 90th day after Nov. 1, 1980, see erally, inserting ‘‘the North American Free Trade section 701(c)(1)(A) of Pub. L. 96–417, set out as an Effec- Agreement or’’, and in text substituted ‘‘section 777(f)’’ tive Date of 1980 Amendment note under section 251 of for ‘‘section 777(d)’’. this title. EFFECTIVE DATE OF 1993 AMENDMENT § 1583. Counterclaims, cross-claims, and third- Amendment by Pub. L. 103–182 effective on the date party actions the North American Free Trade Agreement enters into In any civil action in the Court of Inter- force with respect to the United States [Jan. 1, 1994], but not applicable to any final determination described national Trade, the court shall have exclusive in section 1516a(a)(1)(B) or (2)(B)(i), (ii), or (iii) of Title jurisdiction to render judgment upon any coun- 19, Customs Duties, notice of which is published in the terclaim, cross-claim, or third-party action of Federal Register before such date, or to a determina- any party, if (1) such claim or action involves tion described in section 1516a(a)(2)(B)(vi) of Title 19, the imported merchandise that is the subject notice of which is received by the Government of Can- matter of such civil action, or (2) such claim or ada or Mexico before such date, or to any binational action is to recover upon a bond or customs du- panel review under the United States-Canada Free- ties relating to such merchandise. Trade Agreement, or to any extraordinary challenge arising out of any such review that was commenced be- (Added Pub. L. 96–417, title II, § 201, Oct. 10, 1980, fore such date, see section 416 of Pub. L. 103–182, set out 94 Stat. 1729.) as an Effective Date note under section 3431 of Title 19. FFECTIVE AND ERMINATION ATES PRIOR PROVISIONS E T D A prior section 1583, act June 25, 1948, ch. 646, 62 Stat. Section effective on date United States-Canada Free- 943, related to certain cases of exclusive jurisdiction of Trade Agreement enters into force (Jan. 1, 1989), and to the Customs Court, prior to repeal by Pub. L. 91–271, cease to have effect on date Agreement ceases to be in title I, § 111, June 2, 1970, 84 Stat. 278. force, see section 501(a), (c) of Pub. L. 100–449, set out in a note under section 2112 of Title 19, Customs Duties. EFFECTIVE DATE EFFECT OF TERMINATION OF NAFTA COUNTRY STATUS Section applicable with respect to civil actions com- For provisions relating to effect of termination of menced on or after Nov. 1, 1980, see section 701(b)(1)(A) NAFTA country status on sections 401 to 416 of Pub. L. of Pub. L. 96–417, set out as an Effective Date of 1980 103–182, see section 3451 of Title 19, Customs Duties. Amendment note under section 251 of this title. § 1585. Powers in law and equity § 1584. Civil actions under the North American Free Trade Agreement or the United States- The Court of International Trade shall possess Canada Free-Trade Agreement all the powers in law and equity of, or as con- ferred by statute upon, a district court of the The United States Court of International United States. Trade shall have exclusive jurisdiction of any civil action which arises under section 777(f) of (Added Pub. L. 96–417, title II, § 201, Oct. 10, 1980, the Tariff Act of 1930 and is commenced by the 94 Stat. 1730.) United States to enforce administrative sanc- CHAPTER 97—JURISDICTIONAL IMMUNITIES tions levied for violation of a protective order or OF FOREIGN STATES an undertaking. Sec. (Added Pub. L. 100–449, title IV, § 402(d)(1), Sept. 1602. Findings and declaration of purpose. 28, 1988, 102 Stat. 1884; amended Pub. L. 103–182, 1603. Definitions. title IV, § 414(a)(2), Dec. 8, 1993, 107 Stat. 2147.) 1604. Immunity of a foreign state from jurisdic- tion. REFERENCES IN TEXT 1605. General exceptions to the jurisdictional im- Section 777(f) of the Tariff Act of 1930, referred to in munity of a foreign state. text, is classified to section 1677f(f) of Title 19, Customs 1606. Extent of liability. Duties. 1607. Counterclaims. 1608. Service; time to default.1 PRIOR PROVISIONS 1609. Immunity from attachment and execution of A prior section 1584, added Pub. L. 96–417, title II, property of a foreign state. § 201, Oct. 10, 1980, 94 Stat. 1729, provided that if a civil 1610. Exceptions to the immunity from attachment action within the exclusive jurisdiction of the Court of or execution. International Trade was commenced in a district court of the United States, the district court, in the interest 1 So in original. Does not conform to section catchline.

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1611. Certain types of property immune from exe- (d) A ‘‘commercial activity’’ means either a cution. regular course of commercial conduct or a par- ticular commercial transaction or act. The § 1602. Findings and declaration of purpose commercial character of an activity shall be The Congress finds that the determination by determined by reference to the nature of the United States courts of the claims of foreign course of conduct or particular transaction or states to immunity from the jurisdiction of such act, rather than by reference to its purpose. courts would serve the interests of justice and (e) A ‘‘commercial activity carried on in the would protect the rights of both foreign states United States by a foreign state’’ means com- and litigants in United States courts. Under mercial activity carried on by such state and international law, states are not immune from having substantial contact with the United the jurisdiction of foreign courts insofar as their States. commercial activities are concerned, and their (Added Pub. L. 94–583, § 4(a), Oct. 21, 1976, 90 Stat. commercial property may be levied upon for the 2892.) satisfaction of judgments rendered against them in connection with their commercial activities. § 1604. Immunity of a foreign state from jurisdic- Claims of foreign states to immunity should tion henceforth be decided by courts of the United Subject to existing international agreements States and of the States in conformity with the to which the United States is a party at the principles set forth in this chapter. time of enactment of this Act a foreign state (Added Pub. L. 94–583, § 4(a), Oct. 21, 1976, 90 Stat. shall be immune from the jurisdiction of the 2892.) courts of the United States and of the States ex- cept as provided in sections 1605 to 1607 of this EFFECTIVE DATE chapter. Section 8 of Pub. L. 94–583 provided that: ‘‘This Act (Added Pub. L. 94–583, § 4(a), Oct. 21, 1976, 90 Stat. [enacting this chapter and section 1330 of this title, 2892.) amending sections 1332, 1391, and 1441 of this title, and enacting provisions set out as notes under this section REFERENCES IN TEXT and section 1 of this title] shall take effect ninety days The time of enactment of this Act, referred to in after the date of its enactment [Oct. 21, 1976].’’ text, probably means the time of enactment of Pub. L. SHORT TITLE 94–583, which was approved Oct. 21, 1976. For short title of Pub. L. 94–583 as the ‘‘Foreign Sov- § 1605. General exceptions to the jurisdictional ereign Immunities Act of 1976’’, see section 1 of Pub. L. immunity of a foreign state 94–583, set out as a Short Title of 1976 Amendments note under section 1 of this title. (a) A foreign state shall not be immune from the jurisdiction of courts of the United States or SEPARABILITY of the States in any case— Section 7 of Pub. L. 94–583 provided that: ‘‘If any pro- (1) in which the foreign state has waived its vision of this Act [enacting this chapter and section immunity either explicitly or by implication, 1330 of this title, amending sections 1332, 1391, and 1441 notwithstanding any withdrawal of the waiver of this title, and enacting provisions set out as notes which the foreign state may purport to effect under this section and section 1 of this title] or the ap- except in accordance with the terms of the plication thereof to any foreign state is held invalid, the invalidity does not affect other provisions or appli- waiver; cations of the Act which can be given effect without (2) in which the action is based upon a com- the invalid provision or application, and to this end the mercial activity carried on in the United provisions of this Act are severable.’’ States by the foreign state; or upon an act per- formed in the United States in connection § 1603. Definitions with a commercial activity of the foreign For purposes of this chapter— state elsewhere; or upon an act outside the (a) A ‘‘foreign state’’, except as used in sec- territory of the United States in connection tion 1608 of this title, includes a political sub- with a commercial activity of the foreign division of a foreign state or an agency or in- state elsewhere and that act causes a direct ef- strumentality of a foreign state as defined in fect in the United States; subsection (b). (3) in which rights in property taken in vio- (b) An ‘‘agency or instrumentality of a for- lation of international law are in issue and eign state’’ means any entity— that property or any property exchanged for (1) which is a separate legal person, cor- such property is present in the United States porate or otherwise, and in connection with a commercial activity car- (2) which is an organ of a foreign state or ried on in the United States by the foreign political subdivision thereof, or a majority state; or that property or any property ex- of whose shares or other ownership interest changed for such property is owned or oper- is owned by a foreign state or political sub- ated by an agency or instrumentality of the division thereof, and foreign state and that agency or instrumental- (3) which is neither a citizen of a State of ity is engaged in a commercial activity in the the United States as defined in section 1332 United States; (4) in which rights in property in the United (c) and (d) of this title, nor created under the States acquired by succession or gift or rights laws of any third country. in immovable property situated in the United (c) The ‘‘United States’’ includes all terri- States are in issue; tory and waters, continental or insular, sub- (5) not otherwise encompassed in paragraph ject to the jurisdiction of the United States. (2) above, in which money damages are sought

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against a foreign state for personal injury or that term is defined in section 101(a)(22) of death, or damage to or loss of property, occur- the Immigration and Nationality Act) ring in the United States and caused by the when the act upon which the claim is tortious act or omission of that foreign state based occurred. or of any official or employee of that foreign (b) A foreign state shall not be immune from state while acting within the scope of his of- the jurisdiction of the courts of the United fice or employment; except this paragraph States in any case in which a suit in admiralty shall not apply to— is brought to enforce a maritime lien against a (A) any claim based upon the exercise or vessel or cargo of the foreign state, which mari- performance or the failure to exercise or per- time lien is based upon a commercial activity of form a discretionary function regardless of the foreign state: Provided, That— whether the discretion be abused, or (1) notice of the suit is given by delivery of (B) any claim arising out of malicious a copy of the summons and of the complaint prosecution, abuse of process, libel, slander, to the person, or his agent, having possession misrepresentation, deceit, or interference of the vessel or cargo against which the mari- with contract rights; time lien is asserted; and if the vessel or cargo (6) in which the action is brought, either to is arrested pursuant to process obtained on be- enforce an agreement made by the foreign half of the party bringing the suit, the service state with or for the benefit of a private party of process of arrest shall be deemed to con- to submit to arbitration all or any differences stitute valid delivery of such notice, but the which have arisen or which may arise between party bringing the suit shall be liable for any the parties with respect to a defined legal rela- damages sustained by the foreign state as a re- tionship, whether contractual or not, concern- sult of the arrest if the party bringing the suit ing a subject matter capable of by had actual or constructive knowledge that the arbitration under the laws of the United vessel or cargo of a foreign state was involved; States, or to confirm an award made pursuant and to such an agreement to arbitrate, if (A) the (2) notice to the foreign state of the com- arbitration takes place or is intended to take mencement of suit as provided in section 1608 place in the United States, (B) the agreement of this title is initiated within ten days either or award is or may be governed by a treaty or of the delivery of notice as provided in para- other international agreement in force for the graph (1) of this subsection or, in the case of United States calling for the recognition and a party who was unaware that the vessel or enforcement of arbitral awards, (C) the under- cargo of a foreign state was involved, of the lying claim, save for the agreement to arbi- date such party determined the existence of trate, could have been brought in a United the foreign state’s interest. States court under this section or section 1607, or (D) paragraph (1) of this subsection is other- (c) Whenever notice is delivered under sub- wise applicable; or section (b)(1), the suit to enforce a maritime lien (7) not otherwise covered by paragraph (2), in shall thereafter proceed and shall be heard and which money damages are sought against a determined according to the principles of law foreign state for personal injury or death that and rules of practice of suits in rem whenever it was caused by an act of torture, extrajudicial appears that, had the vessel been privately killing, aircraft sabotage, hostage taking, or owned and possessed, a suit in rem might have the provision of material support or resources been maintained. A decree against the foreign (as defined in section 2339A of title 18) for such state may include costs of the suit and, if the an act if such act or provision of material sup- decree is for a money judgment, interest as or- port is engaged in by an official, employee, or dered by the court, except that the court may agent of such foreign state while acting within not award judgment against the foreign state in the scope of his or her office, employment, or an amount greater than the value of the vessel agency, except that the court shall decline to or cargo upon which the maritime lien arose. hear a claim under this paragraph— Such value shall be determined as of the time (A) if the foreign state was not designated notice is served under subsection (b)(1). Decrees as a state sponsor of terrorism under section shall be subject to appeal and revision as pro- 6(j) of the Export Administration Act of 1979 vided in other cases of admiralty and maritime (50 U.S.C. App. 2405(j)) or section 620A of the jurisdiction. Nothing shall preclude the plaintiff Foreign Assistance Act of 1961 (22 U.S.C. in any proper case from seeking relief in perso- 2371) at the time the act occurred, unless nam in the same action brought to enforce a later so designated as a result of such act or maritime lien as provided in this section. the act is related to Case Number (d) A foreign state shall not be immune from 1:00CV03110(EGS) in the United States Dis- the jurisdiction of the courts of the United trict Court for the District of Columbia; and States in any action brought to foreclose a pre- (B) even if the foreign state is or was so ferred mortgage, as defined in the Ship Mort- designated, if— gage Act, 1920 (46 U.S.C. 911 and following). Such (i) the act occurred in the foreign state action shall be brought, heard, and determined against which the claim has been brought in accordance with the provisions of that Act and the claimant has not afforded the for- and in accordance with the principles of law and eign state a reasonable opportunity to ar- rules of practice of suits in rem, whenever it ap- bitrate the claim in accordance with ac- pears that had the vessel been privately owned cepted international rules of arbitration; and possessed a suit in rem might have been or maintained. (ii) neither the claimant nor the victim (e) For purposes of paragraph (7) of subsection was a national of the United States (as (a)—

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(1) the terms ‘‘torture’’ and ‘‘extrajudicial (4) BAR ON MOTIONS TO DISMISS.—A stay of killing’’ have the meaning given those terms discovery under this subsection shall con- in section 3 of the Torture Victim Protection stitute a bar to the granting of a motion to Act of 1991; dismiss under rules 12(b)(6) and 56 of the Fed- (2) the term ‘‘hostage taking’’ has the mean- eral Rules of Civil Procedure. ing given that term in Article 1 of the Inter- (5) CONSTRUCTION.—Nothing in this sub- national Convention Against the Taking of section shall prevent the United States from Hostages; and seeking protective orders or asserting privi- (3) the term ‘‘aircraft sabotage’’ has the leges ordinarily available to the United meaning given that term in Article 1 of the States. Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation. (Added Pub. L. 94–583, § 4(a), Oct. 21, 1976, 90 Stat. 2892; amended Pub. L. 100–640, § 1, Nov. 9, 1988, 102 (f) No action shall be maintained under sub- Stat. 3333; Pub. L. 100–669, § 2, Nov. 16, 1988, 102 section (a)(7) unless the action is commenced Stat. 3969; Pub. L. 101–650, title III, § 325(b)(8), not later than 10 years after the date on which Dec. 1, 1990, 104 Stat. 5121; Pub. L. 104–132, title the cause of action arose. All principles of equi- II, § 221(a), Apr. 24, 1996, 110 Stat. 1241; Pub. L. table tolling, including the period during which 105–11, Apr. 25, 1997, 111 Stat. 22; Pub. L. 107–77, the foreign state was immune from suit, shall title VI, § 626(c), Nov. 28, 2001, 115 Stat. 803; Pub. apply in calculating this limitation period. L. 107–117, div. B, § 208, Jan. 10, 2002, 115 Stat. (g) LIMITATION ON DISCOVERY.— 2299.) (1) IN GENERAL.—(A) Subject to paragraph (2), if an action is filed that would otherwise REFERENCES IN TEXT be barred by section 1604, but for subsection Section 101(a)(22) of the Immigration and Nationality (a)(7), the court, upon request of the Attorney Act, referred to in subsec. (a)(7)(B)(ii), is classified to General, shall stay any request, demand, or section 1101(a)(22) of Title 8, Aliens and Nationality. order for discovery on the United States that The Ship Mortgage Act, 1920, referred to in subsec. the Attorney General certifies would signifi- (d), is section 30 of act June 5, 1920, ch. 250, 41 Stat. 1000, cantly interfere with a criminal investigation as amended, which was classified generally to chapter or prosecution, or a national security oper- 25 (§ 911 et seq.) of former Title 46, Shipping, and was re- ation, related to the incident that gave rise to pealed by Pub. L. 100–710, title I, § 106(b)(2), Nov. 23, the cause of action, until such time as the At- 1988, 102 Stat. 4752, and reenacted by section 102(c) torney General advises the court that such re- thereof as chapters 301 and 313 of Title 46, Shipping. Section 3 of the Torture Victim Protection Act of quest, demand, or order will no longer so 1991, referred to in subsec. (e)(1), is section 3 of Pub. L. interfere. 102–256, Mar. 12, 1992, 106 Stat. 73, which is set out in a (B) A stay under this paragraph shall be in note under section 1350 of this title. effect during the 12-month period beginning on Rules 12(b)(6) and 56 of the Federal Rules of Civil Pro- the date on which the court issues the order to cedure, referred to in subsec. (g)(4), are set out in the stay discovery. The court shall renew the Appendix to this title. order to stay discovery for additional 12- AMENDMENTS month periods upon motion by the United States if the Attorney General certifies that 2002—Subsec. (a)(7)(A). Pub. L. 107–117 amended Pub. discovery would significantly interfere with a L. 107–77. See 2001 Amendment note below. 2001—Subsec. (a)(7)(A). Pub. L. 107–77, as amended by criminal investigation or prosecution, or a na- Pub. L. 107–117, inserted before semicolon ‘‘or the act is tional security operation, related to the inci- related to Case Number 1:00CV03110(EGS) in the United dent that gave rise to the cause of action. States District Court for the District of Columbia’’. (2) SUNSET.—(A) Subject to subparagraph 1997—Subsec. (a)(7)(B)(ii). Pub. L. 105–11 substituted (B), no stay shall be granted or continued in ‘‘neither the claimant nor the victim was’’ for ‘‘the effect under paragraph (1) after the date that claimant or victim was not’’. is 10 years after the date on which the incident 1996—Subsec. (a)(7). Pub. L. 104–132, § 221(a)(1), added that gave rise to the cause of action occurred. par. (7). (B) After the period referred to in subpara- Subsecs. (e) to (g). Pub. L. 104–132, § 221(a)(2), added graph (A), the court, upon request of the At- subsecs. (e) to (g). 1990—Subsec. (a)(6). Pub. L. 101–650 substituted torney General, may stay any request, de- ‘‘state’’ for ‘‘State’’ after ‘‘foreign’’. mand, or order for discovery on the United 1988—Subsec. (a)(6). Pub. L. 100–669 added par. (6). States that the court finds a substantial like- Subsec. (b). Pub. L. 100–702, § 1(3), struck out at end lihood would— ‘‘Whenever notice is delivered under subsection (b)(1) of (i) create a serious threat of death or seri- this section, the maritime lien shall thereafter be ous bodily injury to any person; deemed to be an in personam claim against the foreign (ii) adversely affect the ability of the state which at that time owns the vessel or cargo in- United States to work in cooperation with volved: Provided, That a court may not award judgment foreign and international law enforcement against the foreign state in an amount greater than the value of the vessel or cargo upon which the maritime agencies in investigating violations of lien arose, such value to be determined as of the time United States law; or notice is served under subsection (b)(1) of this section.’’ (iii) obstruct the criminal case related to Subsec. (b)(1). Pub. L. 100–640, § 1(1), substituted ‘‘and the incident that gave rise to the cause of if the vessel or cargo is arrested pursuant to process ob- action or undermine the potential for a con- tained on behalf of the party bringing the suit, the viction in such case. service of process of arrest shall be deemed to con- stitute valid delivery of such notice, but the party (3) EVALUATION OF EVIDENCE.—The court’s bringing the suit shall be liable for any damages sus- evaluation of any request for a stay under this tained by the foreign state as a result of the arrest if subsection filed by the Attorney General shall the party bringing the suit had actual or constructive be conducted ex parte and in camera. knowledge that the vessel or cargo of a foreign state

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was involved’’ for ‘‘but such notice shall not be deemed pecuniary injuries resulting from such death to have been delivered, nor may it thereafter be deliv- which were incurred by the persons for whose ered, if the vessel or cargo is arrested pursuant to proc- benefit the action was brought. ess obtained on behalf of the party bringing the suit— unless the party was unaware that the vessel or cargo (Added Pub. L. 94–583, § 4(a), Oct. 21, 1976, 90 Stat. of a foreign state was involved, in which event the serv- 2894; amended Pub. L. 105–277, div. A, § 101(h) ice of process of arrest shall be deemed to constitute [title I, § 117(b)], Oct. 21, 1998, 112 Stat. 2681–480, valid delivery of such notice’’. 2681–491; Pub. L. 106–386, div. C, § 2002(g)(2), for- Subsec. (b)(2). Pub. L. 100–640, § 1(2), substituted merly § 2002(f)(2), Oct. 28, 2000, 114 Stat. 1543, re- ‘‘paragraph (1) of this subsection’’ for ‘‘subsection (b)(1) of this section’’. numbered § 2002(g)(2), Pub. L. 107–297, title II, Subsecs. (c), (d). Pub. L. 100–702, § 1(3), added subsecs. § 201(c)(3), Nov. 26, 2002, 116 Stat. 2337.) (c) and (d). AMENDMENTS EFFECTIVE DATE OF 1997 AMENDMENT 2000—Pub. L. 106–386, § 2002(g)(2), formerly § 2002(f)(2), Pub. L. 105–11 provided that the amendment made by as renumbered by Pub. L. 107–297, which directed repeal that Act was effective with respect to any cause of ac- of section 101(h) [title I, § 117(b)] of div. A of Pub. L. tion arising before, on, or after Apr. 25, 1997. 105–277, was executed by striking out ‘‘, except any ac- tion under section 1605(a)(7) or 1610(f)’’ after ‘‘punitive EFFECTIVE DATE OF 1996 AMENDMENT damages’’, to reflect the probable intent of Congress. Section 221(c) of title II of Pub. L. 104–132 provided See 1998 Amendment note below. that: ‘‘The amendments made by this subtitle [subtitle 1998—Pub. L. 105–277 inserted ‘‘, except any action B (§ 221) of title II of Pub. L. 104–132, amending this sec- under section 1605(a)(7) or 1610(f)’’ after ‘‘punitive dam- tion and section 1610 of this title] shall apply to any ages’’. cause of action arising before, on, or after the date of EFFECTIVE DATE OF 1998 AMENDMENT the enactment of this Act [Apr. 24, 1996].’’ Amendment by Pub. L. 105–277 applicable to any EFFECTIVE DATE OF 1988 AMENDMENT claim for which a foreign state is not immune under Section 3 of Pub. L. 100–640 provided that: ‘‘The section 1605(a)(7) of this title arising before, on, or after amendments made by this Act [amending this section Oct. 21, 1998, see section 101(h) [title I, § 117(c)] of Pub. and section 1610 of this title] shall apply to actions L. 105–277, set out as a note under section 1610 of this commenced on or after the date of the enactment of title. this Act [Nov. 9, 1988].’’ § 1607. Counterclaims CIVIL LIABILITY FOR ACTS OF STATE SPONSORED TERRORISM In any action brought by a foreign state, or in Pub. L. 104–208, div. A, title I, § 101(c) [title V, § 589], which a foreign state intervenes, in a court of Sept. 30, 1996, 110 Stat. 3009–121, 3009–172, provided that: the United States or of a State, the foreign state ‘‘(a) an [sic] official, employee, or agent of a foreign shall not be accorded immunity with respect to state designated as a state sponsor of terrorism des- any counterclaim— ignated [sic] under section 6(j) of the Export Adminis- (a) for which a foreign state would not be en- tration Act of 1979 [50 App. U.S.C. 2405(j)] while acting titled to immunity under section 1605 of this within the scope of his or her office, employment, or chapter had such claim been brought in a sep- agency shall be liable to a United States national or the national’s legal representative for personal injury arate action against the foreign state; or or death caused by acts of that official, employee, or (b) arising out of the transaction or occur- agent for which the courts of the United States may rence that is the subject matter of the claim maintain jurisdiction under section 1605(a)(7) of title of the foreign state; or 28, United States Code, for money damages which may (c) to the extent that the counterclaim does include economic damages, solatium, pain, and suffer- not seek relief exceeding in amount or differ- ing, and punitive damages if the acts were among those ing in kind from that sought by the foreign described in section 1605(a)(7). state. ‘‘(b) Provisions related to statute of limitations and limitations on discovery that would apply to an action (Added Pub. L. 94–583, § 4(a), Oct. 21, 1976, 90 Stat. brought under 28 U.S.C. 1605(f) and (g) shall also apply 2894.) to actions brought under this section. No action shall be maintained under this action [sic] if an official, em- § 1608. Service; time to answer; default ployee, or agent of the United States, while acting within the scope of his or her office, employment, or (a) Service in the courts of the United States agency would not be liable for such acts if carried out and of the States shall be made upon a foreign within the United States.’’ state or political subdivision of a foreign state: (1) by delivery of a copy of the summons and § 1606. Extent of liability complaint in accordance with any special ar- As to any claim for relief with respect to rangement for service between the plaintiff which a foreign state is not entitled to immu- and the foreign state or political subdivision; nity under section 1605 or 1607 of this chapter, or the foreign state shall be liable in the same (2) if no special arrangement exists, by deliv- manner and to the same extent as a private indi- ery of a copy of the summons and complaint in vidual under like circumstances; but a foreign accordance with an applicable international state except for an agency or instrumentality convention on service of judicial documents; thereof shall not be liable for punitive damages; or if, however, in any case wherein death was (3) if service cannot be made under para- caused, the law of the place where the action or graphs (1) or (2), by sending a copy of the sum- omission occurred provides, or has been con- mons and complaint and a notice of suit, to- strued to provide, for damages only punitive in gether with a translation of each into the offi- nature, the foreign state shall be liable for ac- cial language of the foreign state, by any form tual or compensatory damages measured by the of mail requiring a signed receipt, to be ad-

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dressed and dispatched by the clerk of the (e) No judgment by default shall be entered by court to the head of the ministry of foreign af- a court of the United States or of a State fairs of the foreign state concerned, or against a foreign state, a political subdivision (4) if service cannot be made within 30 days thereof, or an agency or instrumentality of a under paragraph (3), by sending two copies of foreign state, unless the claimant establishes the summons and complaint and a notice of his claim or right to relief by evidence satisfac- suit, together with a translation of each into tory to the court. A copy of any such default the official language of the foreign state, by judgment shall be sent to the foreign state or any form of mail requiring a signed receipt, to political subdivision in the manner prescribed be addressed and dispatched by the clerk of for service in this section. the court to the Secretary of State in Wash- ington, District of Columbia, to the attention (Added Pub. L. 94–583, § 4(a), Oct. 21, 1976, 90 Stat. of the Director of Special Consular Services— 2894.) and the Secretary shall transmit one copy of § 1609. Immunity from attachment and execution the papers through diplomatic channels to the of property of a foreign state foreign state and shall send to the clerk of the court a certified copy of the diplomatic note Subject to existing international agreements indicating when the papers were transmitted. to which the United States is a party at the As used in this subsection, a ‘‘notice of suit’’ time of enactment of this Act the property in shall mean a notice addressed to a foreign state the United States of a foreign state shall be im- and in a form prescribed by the Secretary of mune from attachment arrest and execution ex- State by regulation. cept as provided in sections 1610 and 1611 of this (b) Service in the courts of the United States chapter. and of the States shall be made upon an agency (Added Pub. L. 94–583, § 4(a), Oct. 21, 1976, 90 Stat. or instrumentality of a foreign state: 2895.) (1) by delivery of a copy of the summons and complaint in accordance with any special ar- REFERENCES IN TEXT rangement for service between the plaintiff The time of enactment of this Act, referred to in and the agency or instrumentality; or text, probably means the time of enactment of Pub. L. (2) if no special arrangement exists, by deliv- 94–583, which was approved Oct. 21, 1976. ery of a copy of the summons and complaint either to an officer, a managing or general § 1610. Exceptions to the immunity from attach- agent, or to any other agent authorized by ap- ment or execution pointment or by law to receive service of proc- (a) The property in the United States of a for- ess in the United States; or in accordance with eign state, as defined in section 1603(a) of this an applicable international convention on chapter, used for a commercial activity in the service of judicial documents; or United States, shall not be immune from attach- (3) if service cannot be made under para- ment in aid of execution, or from execution, graphs (1) or (2), and if reasonably calculated to give actual notice, by delivery of a copy of upon a judgment entered by a court of the the summons and complaint, together with a United States or of a State after the effective translation of each into the official language date of this Act, if— of the foreign state— (1) the foreign state has waived its immu- (A) as directed by an authority of the for- nity from attachment in aid of execution or eign state or political subdivision in re- from execution either explicitly or by implica- sponse to a letter rogatory or request or tion, notwithstanding any withdrawal of the (B) by any form of mail requiring a signed waiver the foreign state may purport to effect receipt, to be addressed and dispatched by except in accordance with the terms of the the clerk of the court to the agency or in- waiver, or strumentality to be served, or (2) the property is or was used for the com- (C) as directed by order of the court con- mercial activity upon which the claim is sistent with the law of the place where serv- based, or ice is to be made. (3) the execution relates to a judgment es- (c) Service shall be deemed to have been tablishing rights in property which has been made— taken in violation of international law or (1) in the case of service under subsection which has been exchanged for property taken (a)(4), as of the date of transmittal indicated in violation of international law, or in the certified copy of the diplomatic note; (4) the execution relates to a judgment es- and tablishing rights in property— (2) in any other case under this section, as of (A) which is acquired by succession or gift, the date of receipt indicated in the certifi- or cation, signed and returned postal receipt, or (B) which is immovable and situated in the other proof of service applicable to the method United States: Provided, That such property of service employed. is not used for purposes of maintaining a diplomatic or consular mission or the resi- (d) In any action brought in a court of the dence of the Chief of such mission, or United States or of a State, a foreign state, a po- litical subdivision thereof, or an agency or in- (5) the property consists of any contractual strumentality of a foreign state shall serve an obligation or any proceeds from such a con- answer or other responsive pleading to the com- tractual obligation to indemnify or hold harm- plaint within sixty days after service has been less the foreign state or its employees under a made under this section. policy of automobile or other liability or cas-

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ualty insurance covering the claim which actions are prohibited or regulated pursuant to merged into the judgment, or section 5(b) of the Trading with the Enemy Act (6) the judgment is based on an order con- (50 U.S.C. App. 5(b)), section 620(a) of the For- firming an arbitral award rendered against the eign Assistance Act of 1961 (22 U.S.C. 2370(a)), foreign state, provided that attachment in aid sections 202 and 203 of the International Emer- of execution, or execution, would not be incon- gency Economic Powers Act (50 U.S.C. 1701–1702), sistent with any provision in the arbitral or any other proclamation, order, regulation, or agreement, or license issued pursuant thereto, shall be subject (7) the judgment relates to a claim for which to execution or attachment in aid of execution the foreign state is not immune under section of any judgment relating to a claim for which a 1605(a)(7), regardless of whether the property foreign state (including any agency or instru- is or was involved with the act upon which the mentality or such state) claiming such property claim is based. is not immune under section 1605(a)(7). (b) In addition to subsection (a), any property (B) Subparagraph (A) shall not apply if, at the in the United States of an agency or instrumen- time the property is expropriated or seized by tality of a foreign state engaged in commercial the foreign state, the property has been held in activity in the United States shall not be im- title by a natural person or, if held in trust, has mune from attachment in aid of execution, or been held for the benefit of a natural person or from execution, upon a judgment entered by a persons. court of the United States or of a State after the (2)(A) At the request of any party in whose effective date of this Act, if— favor a judgment has been issued with respect to (1) the agency or instrumentality has waived a claim for which the foreign state is not im- its immunity from attachment in aid of execu- mune under section 1605(a)(7), the Secretary of tion or from execution either explicitly or im- the Treasury and the Secretary of State should plicitly, notwithstanding any withdrawal of make every effort to fully, promptly, and effec- the waiver the agency or instrumentality may tively assist any judgment creditor or any court purport to effect except in accordance with that has issued any such judgment in identify- the terms of the waiver, or ing, locating, and executing against the prop- (2) the judgment relates to a claim for which erty of that foreign state or any agency or in- the agency or instrumentality is not immune strumentality of such state. by virtue of section 1605(a)(2), (3), (5), or (7), or (B) In providing such assistance, the Secretar- 1605(b) of this chapter, regardless of whether ies— the property is or was involved in the act upon (i) may provide such information to the which the claim is based. court under seal; and (ii) should make every effort to provide the (c) No attachment or execution referred to in information in a manner sufficient to allow subsections (a) and (b) of this section shall be the court to direct the United States Mar- permitted until the court has ordered such at- shall’s office to promptly and effectively exe- tachment and execution after having deter- cute against that property. mined that a reasonable period of time has elapsed following the entry of judgment and the (3) WAIVER.—The President may waive any giving of any notice required under section provision of paragraph (1) in the interest of na- 1608(e) of this chapter. tional security. (d) The property of a foreign state, as defined (Added Pub. L. 94–583, § 4(a), Oct. 21, 1976, 90 in section 1603(a) of this chapter, used for a com- Stat. 2896; amended Pub. L. 100–640, § 2, Nov. 9, mercial activity in the United States, shall not 1988, 102 Stat. 3333; Pub. L. 100–669, § 3, Nov. 16, be immune from attachment prior to the entry 1988, 102 Stat. 3969; Pub. L. 101–650, title III, of judgment in any action brought in a court of § 325(b)(9), Dec. 1, 1990, 104 Stat. 5121; Pub. L. the United States or of a State, or prior to the 104–132, title II, § 221(b), Apr. 24, 1996, 110 Stat. elapse of the period of time provided in sub- 1242; Pub. L. 105–277, div. A, § 101(h) [title I, section (c) of this section, if— § 117(a)], Oct. 21, 1998, 112 Stat. 2681–480, 2681–491; (1) the foreign state has explicitly waived its Pub. L. 106–386, div. C, § 2002(g)(1), formerly immunity from attachment prior to judgment, § 2002(f)(1), Oct. 28, 2000, 114 Stat. 1543, renum- notwithstanding any withdrawal of the waiver bered § 2002(g)(1), Pub. L. 107–297, title II, the foreign state may purport to effect except § 201(c)(3), Nov. 26, 2002, 116 Stat. 2337.) in accordance with the terms of the waiver, and REFERENCES IN TEXT (2) the purpose of the attachment is to se- The effective date of this Act, referred to in subsecs. cure satisfaction of a judgment that has been (a) and (b), is 90 days after Oct. 21, 1976, see section 8 or may ultimately be entered against the for- of Pub. L. 94–583, set out as an Effective Date note eign state, and not to obtain jurisdiction. under section 1602 of this title. (e) The vessels of a foreign state shall not be AMENDMENTS immune from arrest in rem, interlocutory sale, 2000—Subsec. (f)(2)(A), (B)(ii). Pub. L. 106–386, and execution in actions brought to foreclose a § 2002(g)(1)(A), formerly § 2002(f)(1)(A), as renumbered by preferred mortgage as provided in section Pub. L. 107–297, substituted ‘‘should make every effort 1605(d). to’’ for ‘‘shall’’. (f)(1)(A) Notwithstanding any other provision Subsec. (f)(3). Pub. L. 106–386, § 2002(g)(1)(B), formerly § 2002(f)(1)(B), as renumbered by Pub. L. 107–297, added of law, including but not limited to section 208(f) par. (3). of the Foreign Missions Act (22 U.S.C. 4308(f)), 1998—Subsec. (f). Pub. L. 105–277 added subsec. (f). and except as provided in subparagraph (B), any 1996—Subsec. (a)(7). Pub. L. 104–132, § 221(b)(1), added property with respect to which financial trans- par. (7).

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Subsec. (b)(2). Pub. L. 104–132, § 221(b)(2), substituted 212(a)(3)(B)(iii) of the Immigration and Nationality ‘‘(5), or (7),’’ for ‘‘or (5),’’ and ‘‘involved in the act’’ for Act (8 U.S.C. 1182(a)(3)(B)(iii))). ‘‘used for the activity’’. ‘‘(2) BLOCKED ASSET.—The term ‘blocked asset’ 1990—Subsecs. (a)(6), (e). Pub. L. 101–650 substituted means— ‘‘state’’ for ‘‘State’’ after ‘‘foreign’’. ‘‘(A) any asset seized or frozen by the United 1988—Subsec. (a)(6). Pub. L. 100–669 added par. (6). States under section 5(b) of the Trading With the Subsec. (e). Pub. L. 100–640 added subsec. (e). Enemy Act (50 U.S.C. App. 5(b)) or under sections 202 and 203 of the International Emergency Eco- EFFECTIVE DATE OF 1998 AMENDMENT nomic Powers Act (50 U.S.C. 1701; 1702); and Pub. L. 105–277, div. A, § 101(h) [title I, § 117(c)], Oct. 21, ‘‘(B) does not include property that— 1998, 112 Stat. 2681–480, 2681–491, provided that: ‘‘The ‘‘(i) is subject to a license issued by the United amendments made by subsections (a) and (b) [amending States Government for final payment, transfer, or this section and section 1606 of this title] shall apply to disposition by or to a person subject to the juris- any claim for which a foreign state is not immune diction of the United States in connection with a under section 1605(a)(7) of title 28, United States Code, transaction for which the issuance of such license arising before, on, or after the date of enactment of has been specifically required by statute other this Act [Oct. 21, 1998].’’ than the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or the United EFFECTIVE DATE OF 1996 AMENDMENT Nations Participation Act of 1945 (22 U.S.C. 287 et Amendment by Pub. L. 104–132 applicable to any seq.); or cause of action arising before, on, or after Apr. 24, 1996, ‘‘(ii) in the case of property subject to the Vi- see section 221(c) of Pub. L. 104–132, set out as a note enna Convention on Diplomatic Relations or the under section 1605 of this title. Vienna Convention on Consular Relations, or that enjoys equivalent privileges and immunities EFFECTIVE DATE OF 1988 AMENDMENT under the law of the United States, is being used Amendment by Pub. L. 100–640 applicable to actions exclusively for diplomatic or consular purposes. commenced on or after Nov. 9, 1988, see section 3 of ‘‘(3) CERTAIN PROPERTY.—The term ‘property sub- Pub. L. 100–640, set out as a note under section 1605 of ject to the Vienna Convention on Diplomatic Rela- this title. tions or the Vienna Convention on Consular Rela- tions’ and the term ‘asset subject to the Vienna Con- SATISFACTION OF JUDGMENTS FROM BLOCKED ASSETS vention on Diplomatic Relations or the Vienna Con- OF TERRORISTS, TERRORIST ORGANIZATIONS, AND vention on Consular Relations’ mean any property or STATE SPONSORS OF TERRORISM asset, respectively, the attachment in aid of execu- Pub. L. 107–297, title II, § 201(a), (b), (d), Nov. 26, 2002, tion or execution of which would result in a violation 116 Stat. 2337, 2339, provided that: of an obligation of the United States under the Vi- enna Convention on Diplomatic Relations or the Vi- ‘‘(a) IN GENERAL.—Notwithstanding any other provi- sion of law, and except as provided in subsection (b), in enna Convention on Consular Relations, as the case every case in which a person has obtained a judgment may be. against a terrorist party on a claim based upon an act ‘‘(4) TERRORIST PARTY.—The term ‘terrorist party’ of terrorism, or for which a terrorist party is not im- means a terrorist, a terrorist organization (as defined mune under section 1605(a)(7) of title 28, United States in section 212(a)(3)(B)(vi) of the Immigration and Na- Code, the blocked assets of that terrorist party (includ- tionality Act (8 U.S.C. 1182(a)(3)(B)(vi))), or a foreign ing the blocked assets of any agency or instrumental- state designated as a state sponsor of terrorism under ity of that terrorist party) shall be subject to execution section 6(j) of the Export Administration Act of 1979 or attachment in aid of execution in order to satisfy (50 U.S.C. App. 2405(j)) or section 620A of the Foreign such judgment to the extent of any compensatory dam- Assistance Act of 1961 (22 U.S.C. 2371).’’ ages for which such terrorist party has been adjudged WAIVER OF EXCEPTION TO IMMUNITY FROM liable. ATTACHMENT OR EXECUTION ‘‘(b) PRESIDENTIAL WAIVER.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), upon de- Pub. L. 105–277, div. A, § 101(h) [title I, § 117(d)], Oct. termining on an asset-by-asset basis that a waiver is 21, 1998, 112 Stat. 2681–480, 2681–492, which authorized necessary in the national security interest, the Presi- the President to waive the requirements of section dent may waive the requirements of subsection (a) in 101(h) [title I, § 117] of Pub. L. 105–277, which amended connection with (and prior to the enforcement of) any this section and section 1606 of this title and enacted judicial order directing attachment in aid of execu- provisions set out as a note above, in the interest of na- tion or execution against any property subject to the tional security, was repealed by Pub. L. 106–386, div. C, Vienna Convention on Diplomatic Relations or the § 2002(g)(2), formerly § 2002(f)(2), Oct. 28, 2000, 114 Stat. Vienna Convention on Consular Relations. 1543, renumbered § 2002(g)(2), Pub. L. 107–297, title II, ‘‘(2) EXCEPTION.—A waiver under this subsection § 201(c)(3), Nov. 26, 2002, 116 Stat. 2337. shall not apply to— Determination of President of the United States, No. ‘‘(A) property subject to the Vienna Convention 99–1, Oct. 21, 1998, 64 F.R. 59201, which provided for on Diplomatic Relations or the Vienna Convention waiver of requirements of section 101(h) [title I, § 117(b)] on Consular Relations that has been used by the of div. A of Pub. L. 105–277, relating to blocked property United States for any nondiplomatic purpose (in- of terrorist-list states, was superseded by Determina- cluding use as rental property), or the proceeds of tion of President of the United States, No. 2001–3, Oct. such use; or 28, 2000, 65 F.R. 66483, set out below. ‘‘(B) the proceeds of any sale or transfer for value DETERMINATION TO WAIVE ATTACHMENT PROVISIONS RE- to a third party of any asset subject to the Vienna LATING TO BLOCKED PROPERTY OF TERRORIST-LIST Convention on Diplomatic Relations or the Vienna STATES Convention on Consular Relations. ‘‘(d) DEFINITIONS.—In this section, the following defi- Determination of President of the United States, No. nitions shall apply: 2001–3, Oct. 28, 2000, 65 F.R. 66483, provided: ‘‘(1) ACT OF TERRORISM.—The term ‘act of terrorism’ Memorandum for the Secretary of State [and] the means— Secretary of the Treasury ‘‘(A) any act or event certified under section By the authority vested in me as President by the 102(1) [Pub. L. 107–297, set out in a note under sec- Constitution and laws of the United States of America, tion 6701 of Title 15, Commerce and Trade]; or including section 2002(f) [now 2002(g)] of H.R. 3244, ‘‘Vic- ‘‘(B) to the extent not covered by subparagraph tims of Trafficking and Violence Protection Act of (A), any terrorist activity (as defined in section 2000,’’ (approved October 28, 2000) [section 2002(g) of

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Pub. L. 106–386, amending this section and section 1606 state shall be immune from attachment and of this title and repealing provisions set out as a note from execution in an action brought under sec- above], I hereby determine that subsection (f)(1) of sec- tion 302 of the Cuban Liberty and Democratic tion 1610 of title 28, United States Code, which provides that any property with respect to which financial Solidarity (LIBERTAD) Act of 1996 to the extent transactions are prohibited or regulated pursuant to that the property is a facility or installation section 5(b) of the Trading with the Enemy Act (50 used by an accredited diplomatic mission for of- U.S.[C.] App. 5(b)[)], section 620(a) of the Foreign As- ficial purposes. sistance Act of 1961 (22 U.S.C. 2370(a)), sections 202 and 203 of the International Emergency Economic Powers (Added Pub. L. 94–583, § 4(a), Oct. 21, 1976, 90 Stat. Act (50 U.S.C. 1701–1702), and proclamations, orders, 2897; amended Pub. L. 104–114, title III, § 302(e), regulations, and licenses issued pursuant thereto, be Mar. 12, 1996, 110 Stat. 818.) subject to execution or attachment in aid of execution of any judgment relating to a claim for which a foreign REFERENCES IN TEXT state claiming such property is not immune from the The International Organizations Immunities Act, re- jurisdiction of courts of the United States or of the ferred to in subsec. (a), is title I of act Dec. 29, 1945, ch. States under section 1605(a)(7) of title 28, United States 652, 59 Stat. 669, as amended, which is classified prin- Code, would impede the ability of the President to con- cipally to subchapter XVIII (§ 288 et seq.) of chapter 7 of duct foreign policy in the interest of national security Title 22, Foreign Relations and Intercourse. For com- and would, in particular, impede the effectiveness of plete classification of this Act to the Code, see Short such prohibitions and regulations upon financial trans- Title note set out under section 288 of Title 22 and actions. Therefore, pursuant to section 2002(f) [now Tables. 2002(g)] of H.R. 3244, the ‘‘Victim’s of Trafficking and Section 302 of the Cuban Liberty and Democratic Sol- Violence Protection Act of 2000,’’ I hereby waive sub- idarity (LIBERTAD) Act of 1996, referred to in subsec. section (f)(1) of section 1610 of title 28, United States (c), is section 302 of Pub. L. 104–114, which amended this Code, in the interest of national security. This waiver, section and enacted section 6082 of Title 22, Foreign Re- together with the amendment of subsection (f)(2) of the lations and Intercourse. Foreign Sovereign Immunities Act [probably means subsec. (f)(2) of this section] and the repeal of the sub- AMENDMENTS section (b) of section 117 of the Treasury and General Government Appropriations Act, 1999 [section 101(h) 1996—Subsec. (c). Pub. L. 104–114 added subsec. (c). [title I, § 117(b)] of div. A of Pub. L. 105–277, amending EFFECTIVE DATE OF 1996 AMENDMENT section 1606 of this title], supersedes my prior waiver of the requirements of subsections (a) and (b) of said sec- Amendment by Pub. L. 104–114 effective Aug. 1, 1996, tion 117 [amending this section and section 1606 of this or date determined pursuant to suspension authority of title], executed on October 21, 1998 [former Determina- President under section 6085(b) or (c) of Title 22, For- tion of President of the United States, No. 99–1, Oct. 21, eign Relations and Intercourse, see section 6085 of Title 1998, 64 F.R. 59201]. 22. The Secretary of State is authorized and directed to publish this determination in the Federal Register. CHAPTER 99—GENERAL PROVISIONS WILLIAM J. CLINTON. Sec. § 1611. Certain types of property immune from 1631. Transfer to cure want of jurisdiction. execution § 1631. Transfer to cure want of jurisdiction (a) Notwithstanding the provisions of section 1610 of this chapter, the property of those orga- Whenever a civil action is filed in a court as nizations designated by the President as being defined in section 610 of this title or an appeal, entitled to enjoy the privileges, exemptions, and including a petition for review of administrative immunities provided by the International Orga- action, is noticed for or filed with such a court nizations Immunities Act shall not be subject to and that court finds that there is a want of ju- attachment or any other judicial process imped- risdiction, the court shall, if it is in the interest ing the disbursement of funds to, or on the order of justice, transfer such action or appeal to any of, a foreign state as the result of an action other such court in which the action or appeal brought in the courts of the United States or of could have been brought at the time it was filed the States. or noticed, and the action or appeal shall pro- (b) Notwithstanding the provisions of section ceed as if it had been filed in or noticed for the 1610 of this chapter, the property of a foreign court to which it is transferred on the date upon state shall be immune from attachment and which it was actually filed in or noticed for the from execution, if— court from which it is transferred. (1) the property is that of a foreign central (Added Pub. L. 97–164, title III, § 301(a), Apr. 2, bank or monetary authority held for its own 1982, 96 Stat. 55.) account, unless such bank or authority, or its parent foreign government, has explicitly EFFECTIVE DATE waived its immunity from attachment in aid Section effective Oct. 1, 1982, see section 402 of Pub. of execution, or from execution, notwithstand- L. 97–164, set out as an Effective Date of 1982 Amend- ing any withdrawal of the waiver which the ment note under section 171 of this title. bank, authority or government may purport to effect except in accordance with the terms PART V—PROCEDURE of the waiver; or (2) the property is, or is intended to be, used Chap. Sec. in connection with a military activity and 111. General Provisions ...... 1651 (A) is of a military character, or 113. Process ...... 1691 (B) is under the control of a military au- 115. Evidence; Documentary ...... 1731 thority or defense agency. 117. Evidence; Depositions ...... 1781 (c) Notwithstanding the provisions of section 119. Evidence; Witnesses ...... 1821 1610 of this chapter, the property of a foreign 121 ; Trial by Jury ...... 1861

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Chap. Sec. courts shall have power to issue all writs not specifi- 123. Fees and Costs ...... 1911 cally provided for by statute, which may be necessary 125. Pending Actions and Judgments .... 1961 for the exercise of their respective , and 127. Executions and Judicial Sales ...... 2001 agreeable to the usages and principles of law.’’ 129. Moneys Paid into Court ...... 2041 The special provisions of section 342 of title 28, U.S.C., 1940 ed., with reference to writs of prohibition 131. Rules of Courts ...... 2071 and mandamus, admiralty courts and other courts and 133. Review—Miscellaneous Provisions 2101 officers of the United States were omitted as unneces- sary in view of the revised section. CHAPTER 111—GENERAL PROVISIONS The revised section extends the power to issue writs Sec. in aid of jurisdiction, to all courts established by Act 1651. Writs. of Congress, thus making explicit the right to exercise 1652. State laws as rules of decision. powers implied from the creation of such courts. 1653. Amendment of pleadings to show jurisdiction. The provisions of section 376 of title 28, U.S.C., 1940 1654. Appearance personally or by counsel. ed., with respect to the powers of a justice or judge in 1655. Lien enforcement; absent defendants. issuing writs of ne exeat were changed and made the 1656. Creation of new district or division or trans- basis of subsection (b) of the revised section but the fer of territory; lien enforcement. conditions and limitations on the writ of ne exeat were 1657. Priority of civil actions. omitted as merely confirmatory of well-settled prin- 1658. Time limitations on the commencement of ciples of law. civil actions arising under Acts of Congress. The provision in section 377 of title 28, U.S.C., 1940 1659. Stay of certain actions pending disposition of ed., authorizing issuance of writs of scire facias, was related proceedings before the United omitted in view of rule 81(b) of the Federal Rules of States International Trade Commission. Civil Procedure abolishing such writ. The revised sec- tion is expressive of the construction recently placed AMENDMENTS upon such section by the Supreme Court in U.S. Alkali Export Assn. v. U.S., 65 S.Ct. 1120, 325 U.S. 196, 89 L.Ed. 1994—Pub. L. 103–465, title III, § 321(b)(1)(B), Dec. 8, 1554, and De Beers Consol. Mines v. U.S., 65 S.Ct. 1130, 325 1994, 108 Stat. 4946, added item 1659. U.S. 212, 89 L.Ed. 1566. 1990—Pub. L. 101–650, title III, § 313(b), Dec. 1, 1990, 104 Stat. 5115, added item 1658. 1949 ACT 1984—Pub. L. 98–620, title IV, § 401(b), Nov. 8, 1984, 98 This section corrects a grammatical error in sub- Stat. 3357, added item 1657. section (a) of section 1651 of title 28, U.S.C.

§ 1651. Writs AMENDMENTS (a) The Supreme Court and all courts estab- 1949—Subsec. (a). Act May 24, 1949, inserted ‘‘and’’ lished by Act of Congress may issue all writs after ‘‘jurisdictions’’. necessary or appropriate in aid of their respec- WRIT OF ERROR tive jurisdictions and agreeable to the usages Act Jan. 31, 1928, ch. 14, § 2, 45 Stat. 54, as amended and principles of law. Apr. 26, 1928, ch. 440, 45 Stat. 466; June 25, 1948, ch. 646, (b) An alternative writ or rule nisi may be is- § 23, 62 Stat. 990, provided that: ‘‘All Acts of Congress sued by a justice or judge of a court which has referring to writs of error shall be construed as amend- jurisdiction. ed to the extent necessary to substitute appeal for writ of error.’’ (June 25, 1948, ch. 646, 62 Stat. 944; May 24, 1949, ch. 139, § 90, 63 Stat. 102.) § 1652. State laws as rules of decision HISTORICAL AND REVISION NOTES The laws of the several states, except where 1948 ACT the Constitution or treaties of the United States or Acts of Congress otherwise require or provide, Based on title 28, U.S.C., 1940 ed., §§ 342, 376, 377 (Mar. 3, 1911, ch. 231, §§ 234, 261, 262, 36 Stat. 1156, 1162). shall be regarded as rules of decision in civil ac- Section consolidates sections 342, 376, and 377 of title tions in the courts of the United States, in cases 28, U.S.C., 1940 ed., with necessary changes in phrase- where they apply. ology. (June 25, 1948, ch. 646, 62 Stat. 944.) Such section 342 provided: ‘‘The Supreme Court shall have power to issue writs HISTORICAL REVISION NOTES of prohibition to the district courts, when proceeding Based on title 28, U.S.C., 1940 ed., § 725 (R.S. § 721). as courts of admiralty and maritime jurisdiction; and ‘‘Civil actions’’ was substituted for ‘‘trials at com- writs of mandamus, in cases warranted by the prin- mon law’’ to clarify the meaning of the Rules of Deci- ciples and usages of law, to any courts appointed under sion Act in the light of the Federal Rules of Civil Pro- the authority of the United States, or to persons hold- cedure. Such Act has been held to apply to suits in eq- ing office under the authority of the United States, uity. where a State, or an ambassador, or other public min- Changes were made in phraseology. ister, or a consul, or vice consul is a party.’’ Such section 376 provided: § 1653. Amendment of pleadings to show jurisdic- ‘‘Writs of ne exeat may be granted by any justice of tion the Supreme Court, in cases where they might be granted by the Supreme Court; and by any district Defective allegations of jurisdiction may be judge, in cases where they might be granted by the dis- amended, upon terms, in the trial or appellate trict court of which he is a judge. But no writ of ne courts. exeat shall be granted unless a suit in equity is com- menced, and satisfactory proof is made to the court or (June 25, 1948, ch. 646, 62 Stat. 944.) judge granting the same that the defendant designs HISTORICAL AND REVISION NOTES quickly to depart from the United States.’’ Such section 377 provided: Based on title 28, U.S.C., 1940 ed., § 399 (Mar. 3, 1911, ‘‘The Supreme Court and the district courts shall ch. 231, § 274c, as added Mar. 3, 1915, ch. 90, 38 Stat. 956). have power to issue writs of scire facias. The Supreme Section was extended to permit amendment of all ju- Court, the circuit courts of appeals, and the district risdictional allegations instead of merely allegations of

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diversity of citizenship as provided by section 399 of Word ‘‘action’’ was substituted for ‘‘suit,’’ in view of title 28, U.S.C., 1940 ed. Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology. In view of Rule 4(f) of the Federal Rules of Civil Pro- cedure permitting service of process anywhere within § 1654. Appearance personally or by counsel the territorial limits of the States, the word ‘‘State’’ In all courts of the United States the parties was substituted for ‘‘district’’ in the first and third paragraphs. may plead and conduct their own cases person- Changes were made in phraseology. ally or by counsel as, by the rules of such courts, respectively, are permitted to manage § 1656. Creation of new district or division or and conduct causes therein. transfer of territory; lien enforcement (June 25, 1948, ch. 646, 62 Stat. 944; May 24, 1949, The creation of a new district or division or ch. 139, § 91, 63 Stat. 103.) the transfer of any territory to another district or division shall not affect or divest any lien HISTORICAL REVISION NOTES theretofore acquired in a district court upon 1948 ACT property within such district, division or terri- Based on title 28, U.S.C., 1940 ed., § 394 (Mar. 3, 1911, tory. ch. 231, § 272, 36 Stat. 1164). To enforce such lien, the clerk of the court in Words ‘‘as, by the rules of the said courts respec- which the same is acquired, upon the request tively, are permitted to manage and conduct causes therein,’’ after ‘‘counsel,’’ were omitted as surplusage. and at the cost of the party desiring the same, The revised section and section 2071 of this title effect shall make a certified copy of the record there- no change in the procedure of the Tax Court before of, which, when filed in the proper court of the which certain accountants may be admitted as counsel district or division in which such property is sit- for litigants under Rule 2 of the Tax Court. uated after such creation or transfer shall be Changes were made in phraseology. evidence in all courts and places equally with 1949 ACT the original thereof; and, thereafter like pro- This section restores in section 1654 of title 28, U.S.C., ceedings shall be had thereon, and with the language of the original law. same effect, as though the case or proceeding had been originally instituted in such court. AMENDMENTS (June 25, 1948, ch. 646, 62 Stat. 944; Pub. L. 95–598, 1949—Act May 24, 1949, inserted ‘‘as, by the rules of title II, § 242, Nov. 6, 1978, 92 Stat. 2671.) such courts, respectively, are permitted to manage and conduct causes therein’’. HISTORICAL AND REVISION NOTES § 1655. Lien enforcement; absent defendants Based on title 28, U.S.C., 1940 ed., § 122 (Mar. 3, 1911, ch. 231, § 60, 36 Stat. 1103). In an action in a district court to enforce any A provision as to creation of a new district or divi- lien upon or claim to, or to remove any incum- sion or transfer of territory before March 3, 1911, was brance or lien or cloud upon the title to, real or omitted as obsolete. personal property within the district, where any Words descriptive of the lien were omitted as unnec- essary. defendant cannot be served within the State, or Changes were made in phraseology. does not voluntarily appear, the court may order the absent defendant to appear or plead by AMENDMENTS a day certain. 1978—Pub. L. 95–598 directed the amendment of sec- Such order shall be served on the absent de- tion by inserting ‘‘or in a bankruptcy court’’ after ‘‘a fendant personally if practicable, wherever district court’’, which amendment did not become ef- found, and also upon the person or persons in fective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding possession or charge of such property, if any. section 101 of Title 11, Bankruptcy. Where personal service is not practicable, the order shall be published as the court may direct, § 1657. Priority of civil actions not less than once a week for six consecutive (a) Notwithstanding any other provision of weeks. law, each court of the United States shall deter- If an absent defendant does not appear or mine the order in which civil actions are heard plead within the time allowed, the court may and determined, except that the court shall ex- proceed as if the absent defendant had been pedite the consideration of any action brought served with process within the State, but any under chapter 153 or section 1826 of this title, adjudication shall, as regards the absent defend- any action for temporary or preliminary injunc- ant without appearance, affect only the prop- tive relief, or any other action if good cause erty which is the subject of the action. When a therefor is shown. For purposes of this sub- part of the property is within another district, section, ‘‘good cause’’ is shown if a right under but within the same state, such action may be the Constitution of the United States or a Fed- brought in either district. Any defendant not so personally notified may, eral Statute (including rights under section 552 at any time within one year after final judg- of title 5) would be maintained in a factual con- ment, enter his appearance, and thereupon the text that indicates that a request for expedited court shall set aside the judgment and permit consideration has merit. (b) The Judicial Conference of the United such defendant to plead on payment of such States may modify the rules adopted by the costs as the court deems just. courts to determine the order in which civil ac- (June 25, 1948, ch. 646, 62 Stat. 944.) tions are heard and determined, in order to es- HISTORICAL AND REVISION NOTES tablish consistency among the judicial circuits. Based on title 28, U.S.C., 1940 ed., § 118 (Mar. 3, 1911, (Added Pub. L. 98–620, title IV, § 401(a), Nov. 8, ch. 231, § 57, 36 Stat. 1102). 1984, 98 Stat. 3356.)

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EFFECTIVE DATE EFFECTIVE DATE Section 403 of Pub. L. 98–620 provided that: ‘‘The Section 313(c) of Pub. L. 101–650 provided that: ‘‘The amendments made by this subtitle [subtitle A amendments made by this section [enacting this sec- (§§ 401–403) of title IV of Pub. L. 98–620, enacting this tion] shall apply with respect to causes of action accru- section, amending sections 596, 636, 1364, 2284, and 2349 ing on or after the date of the enactment of this Act of this title, sections 437g, 437h, and 687 of Title 2, The [Dec. 1, 1990].’’ Congress, section 552 of Title 5, Government Organiza- tion and Employees, sections 8, 136d, 136h, 136n, 136w, NO CREATION OF ACTIONS 194, 1366, 1600, and 1601 of Title 7, Agriculture, section Pub. L. 107–204, title VIII, § 804(c), July 30, 2002, 116 1464 of Title 12, Banks and Banking, sections 18a, 21, 45, Stat. 801, provided that: ‘‘Nothing in this section 57a–1, 78k–1, 687a, 687c, 719h, 1415, 2003, and 2622 of Title [amending this section and enacting provisions set out 15, Commerce and Trade, sections 1463a, 1910, 3117, and as a note under this section] shall create a new, private 3168 of Title 16, Conservation, sections 1964 and 1966 of right of action.’’ Title 18, Crimes and Criminal Procedure, sections 346a and 348 of Title 21, Food and Drugs, section 618 of Title § 1659. Stay of certain actions pending disposi- 22, Foreign Relations and Intercourse, section 640d–3 of tion of related proceedings before the United Title 25, Indians, sections 3310, 6110, 6363, 7609, 9010, and States International Trade Commission 9011 of Title 26, Internal Revenue Code, sections 110, 160, 660, and 1303 of Title 29, Labor, section 816 of Title 30, (a) STAY.—In a civil action involving parties Mineral Lands and Mining, section 2022 [now 4302] of that are also parties to a proceeding before the Title 38, Veterans’ Benefits, section 3628 of Title 39, United States International Trade Commission Postal Service, sections 300j–9, 504, 6508, and 8514 of under section 337 of the Tariff Act of 1930, at the Title 42, The Public Health and Welfare, sections 1062, 1349, 1652, and 2011 of Title 43, Public Lands, sections request of a party to the civil action that is also 355, 745, 1018, and 1205 of Title 45, Railroads, section 402 a respondent in the proceeding before the Com- of Title 47, Telegraphs, Telephones, and Radio- mission, the district court shall stay, until the telegraphs, section 2305 of former Title 49, Transpor- determination of the Commission becomes final, tation, section 792a of Title 50, War and National De- proceedings in the civil action with respect to fense, and sections 462 and 1984 of Title 50, Appendix, any claim that involves the same issues in- repealing sections 1296 and 2647 of this title, section 28 volved in the proceeding before the Commission, of Title 15, and section 3614 of Title 42, and amending but only if such request is made within— provisions set out as a note under section 2304 of Title 10, Armed Forces] shall not apply to cases pending on (1) 30 days after the party is named as a re- the date of the enactment of this subtitle [Nov. 8, spondent in the proceeding before the Commis- 1984].’’ sion, or (2) 30 days after the district court action is § 1658. Time limitations on the commencement of filed, civil actions arising under Acts of Congress whichever is later. (a) Except as otherwise provided by law, a (b) USE OF COMMISSION RECORD.—Notwith- civil action arising under an Act of Congress en- standing section 337(n)(1) of the Tariff Act of acted after the date of the enactment of this 1930, after dissolution of a stay under subsection section may not be commenced later than 4 (a), the record of the proceeding before the years after the cause of action accrues. United States International Trade Commission (b) Notwithstanding subsection (a), a private shall be transmitted to the district court and right of action that involves a claim of fraud, shall be admissible in the civil action, subject to deceit, manipulation, or contrivance in con- such protective order as the district court deter- travention of a regulatory requirement concern- mines necessary, to the extent permitted under ing the securities laws, as defined in section the Federal Rules of Evidence and the Federal 3(a)(47) of the Securities Exchange Act of 1934 (15 Rules of Civil Procedure. U.S.C. 78c(a)(47)), may be brought not later than (Added Pub. L. 103–465, title III, § 321(b)(1)(A), the earlier of— Dec. 8, 1994, 108 Stat. 4945.) (1) 2 years after the discovery of the facts constituting the violation; or REFERENCES IN TEXT (2) 5 years after such violation. Section 337 of the Tariff Act of 1930, referred to in (Added Pub. L. 101–650, title III, § 313(a), Dec. 1, text, is classified to section 1337 of Title 19, Customs Duties. 1990, 104 Stat. 5114; amended Pub. L. 107–204, title The Federal Rules of Evidence and the Federal Rules VIII, § 804(a), July 30, 2002, 116 Stat. 801.) of Civil Procedure, referred to in subsec. (b), are set out in the Appendix to this title. REFERENCES IN TEXT The date of the enactment of this section, referred to EFFECTIVE DATE in subsec. (a), is the date of enactment of Pub. L. Section applicable with respect to complaints filed 101–650, which was approved Dec. 1, 1990. under section 1337 of Title 19, Customs Duties, on or after the date on which the World Trade Organization AMENDMENTS Agreement enters into force with respect to the United 2002—Pub. L. 107–204 designated existing provisions as States [Jan. 1, 1995], or in cases under section 1337 of subsec. (a) and added subsec. (b). Title 19 in which no complaint is filed, with respect to investigations initiated under such section on or after EFFECTIVE DATE OF 2002 AMENDMENT such date, see section 322 of Pub. L. 103–465, set out as an Effective Date of 1994 Amendment note under sec- Pub. L. 107–204, title VIII, § 804(b), July 30, 2002, 116 tion 1337 of Title 19. Stat. 801, provided that: ‘‘The limitations period pro- vided by section 1658(b) of title 28, United States Code, CHAPTER 113—PROCESS as added by this section, shall apply to all proceedings addressed by this section that are commenced on or Sec. after the date of enactment of this Act [July 30, 2002].’’ 1691. Seal and teste of process.

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HISTORICAL AND REVISION NOTES undue hardship. This section shall not apply to Based on title 28, U.S.C., 1940 ed., § 852 (R.S. § 996; Feb. any third party surety. 19, 1897, ch. 265, § 3, 29 Stat. 578; Mar. 3, 1911, ch. 224, 36 (Added Pub. L. 101–647, title XXXVI, § 3629(a), Stat. 1083). Nov. 29, 1990, 104 Stat. 4966.) Words ‘‘and the money deposited as aforesaid shall constitute and be a permanent appropriation for pay- EFFECTIVE DATE ments in obedience to such orders’’ were omitted, in Section effective 180 days after Nov. 29, 1990, and ap- view of section 725p(b)(14), of title 31, U.S.C., 1940 ed., plicable with respect to certain actions for debts owed which repealed permanent appropriations of unclaimed the United States pending in court on that effective money accounts and substituted authorization for an- date, see section 3631 of Pub. L. 101–647, set out as a nual appropriations effective July 1, 1935. note under section 3001 of this title. Changes were made in phraseology. In U. S. Law Week, Nov. 7, 1939, Rep. Walter Chandler CHAPTER 131—RULES OF COURTS (Author of Chandler Act, Bankruptcy) observed as to the Judicial Code: Sec. ‘‘Among the major subjects needing study and revi- 2071. Rule-making power generally. sion are—Numerous procedural changes which have 2072. Rules of procedure and evidence; power to been brought about through adoption of the Federal prescribe. Rules of Civil Procedure should be codified.’’ * * * 2073. Rules of procedure and evidence; method of prescribing. AMENDMENTS 2074. Rules of procedure and evidence; submission 1982—Pub. L. 97–258 inserted references to section 2041 to Congress; effective date. in two places. 2075. Bankruptcy rules. [2076. Repealed.] § 2043. Deposit of other moneys 2077. Publication of rules; advisory committees. Except for public moneys deposited under sec- AMENDMENTS tion 2041 of this title, each clerk of the United 1988—Pub. L. 100–702, title IV, § 401(d), Nov. 19, 1988, States courts shall deposit public moneys that 102 Stat. 4650, added items 2072 to 2075 and struck out the clerk collects into a checking account in the former items 2072 ‘‘Rules of civil procedure’’, 2075 Treasury, subject to disbursement by the clerk. ‘‘Bankruptcy rules’’, and 2076 ‘‘Rules of evidence’’. At the end of each accounting period, the earned 1982—Pub. L. 97–164, title II, § 208(b), Apr. 2, 1982, 96 Stat. 55, added item 2077. part of public moneys accruing to the United 1975—Pub. L. 93–595, § 2(a)(2), Jan. 2, 1975, 88 Stat. 1949, States shall be deposited in the Treasury to the added item 2076. credit of the appropriate receipt accounts. 1966—Pub. L. 89–773, § 3, Nov. 6, 1966, 80 Stat. 1323, (Added Pub. L. 97–258, § 2(g)(4)(E), Sept. 13, 1982, struck out ‘‘for district courts’’ in item 2072 and struck out items 2073 and 2074. 96 Stat. 1061.) 1964—Pub. L. 88–623, § 2, Oct. 3, 1964, 78 Stat. 1001, added item 2075. HISTORICAL AND REVISION NOTES 1954—Act July 27, 1954, ch. 583, § 2, 68 Stat. 567, added Revised item 2074. Section Source (U.S. Code) Source (Statutes at Large) § 2071. Rule-making power generally 28:2043 ..... 31:725v(b)(related to June 26, 1934, ch. 756, clerks). § 23(b)(related to clerks), 48 (a) The Supreme Court and all courts estab- Stat. 1236; restated Dec. 21, 1944, ch. 631, § 1, 58 Stat. 845. lished by Act of Congress may from time to time prescribe rules for the conduct of their business. The words ‘‘Except for public moneys deposited under Such rules shall be consistent with Acts of Con- section 2041 of this title . . . public moneys’’ are sub- gress and rules of practice and procedure pre- stituted for ‘‘All fees and other collections other than scribed under section 2072 of this title. moneys referred to in subsection (a) of this section’’ for (b) Any rule prescribed by a court, other than consistency and because 31:725v(a) is superseded by 28:2041 and is not part of the revised title contained in the Supreme Court, under subsection (a) shall be section 1 of the bill. The word ‘‘Treasury’’ is sub- prescribed only after giving appropriate public stituted for ‘‘Treasurer of the United States’’ because notice and an opportunity for comment. Such of section 1 of Reorganization Plan No. 26 of 1950 (eff. rule shall take effect upon the date specified by July 31, 1950, 64 Stat. 1280), restated as section 321 of the prescribing court and shall have such effect the revised title contained in section 1 of the bill. The on pending proceedings as the prescribing court text of 31:725v(b)(last sentence) is omitted as obsolete. may order. § 2044. Payment of fine with bond money (c)(1) A rule of a district court prescribed under subsection (a) shall remain in effect un- On motion of the United States attorney, the less modified or abrogated by the judicial coun- court shall order any money belonging to and cil of the relevant circuit. deposited by or on behalf of the defendant with (2) Any other rule prescribed by a court other the court for the purposes of a criminal appear- than the Supreme Court under subsection (a) ance bail bond (trial or appeal) to be held and shall remain in effect unless modified or abro- paid over to the United States attorney to be ap- gated by the Judicial Conference. plied to the payment of any assessment, fine, (d) Copies of rules prescribed under subsection restitution, or penalty imposed upon the defend- (a) by a district court shall be furnished to the ant. The court shall not release any money de- judicial council, and copies of all rules pre- posited for bond purposes after a plea or a ver- scribed by a court other than the Supreme Court dict of the defendant’s guilt has been entered under subsection (a) shall be furnished to the Di- and before sentencing except upon a showing rector of the Administrative Office of the United that an assessment, fine, restitution or penalty States Courts and made available to the public. cannot be imposed for the offense the defendant (e) If the prescribing court determines that committed or that the defendant would suffer an there is an immediate need for a rule, such court

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may proceed under this section without public Title 26, U.S.C., Internal Revenue Code, was not one of notice and opportunity for comment, but such the sources of this section as finally enacted. However, court shall promptly thereafter afford such no- no change in the text of this section was necessary. See tice and opportunity for comment. 80th Congress Senate Report No. 1559. (f) No rule may be prescribed by a district 1949 ACT court other than under this section. This amendment clarifies section 2071 of title 28, (June 25, 1948, ch. 646, 62 Stat. 961; May 24, 1949, U.S.C., by giving express recognition to the power of ch. 139, § 102, 63 Stat. 104; Pub. L. 100–702, title the Supreme Court to prescribe its own rules and by IV, § 403(a)(1), Nov. 19, 1988, 102 Stat. 4650.) giving a better description of its procedural rules.

HISTORICAL AND REVISION NOTES AMENDMENTS 1948 ACT 1988—Pub. L. 100–702 designated existing provisions as Based on title 28, U.S.C., 1940 ed., §§ 219, 263, 296, 307, subsec. (a), substituted ‘‘under section 2072 of this 723, 731, and 761, and section 1111 of title 26, U.S.C., 1940 title’’ for ‘‘by the Supreme Court’’, and added subsecs. ed., Internal Revenue Code (R.S. §§ 913, 918; Mar. 3, 1887, (b) to (f). ch. 359, § 4, 24 Stat. 506; Mar. 3, 1911, ch. 231, §§ 122, 157, 1949—Act May 24, 1949, expressed recognition to the 194, 291, 297, 36 Stat. 1132, 1139, 1145, 1167, 1168; Mar. 3, Supreme Court’s power to prescribe its own rules and 1911, ch. 231, § 187(a), as added Oct. 10, 1940, ch. 843, § 1, give a better description of its procedural rules. 54 Stat. 1101; Feb. 13, 1925, ch. 229, § 13, 43 Stat. 941; Mar. EFFECTIVE DATE OF 1988 AMENDMENT 2, 1929, ch. 488, § 1, 45 Stat. 1475; Feb. 10, 1939, ch. 2, § 1111, 53 Stat. 160; Oct. 21, 1942, ch. 619, title V, § 504(a), Section 407 of title IV of Pub. L. 100–702 provided (c), 56 Stat. 957). that: ‘‘This title [enacting sections 2072 to 2074 of this Sections 219, 263, 296, 307, 723, and 731 of title 28, title, amending this section, sections 331, 332, 372, 604, U.S.C., 1940 ed., gave specified courts, other than the 636, and 2077 of this title, section 460n–8 of Title 16, Con- Supreme Court, power to make rules. Section 761 of servation, and section 3402 of Title 18, Crimes and such title related to rules established in the district Criminal Procedure, repealing former section 2072 and courts and Court of Claims. Section 1111 of title 26, section 2076 of this title and sections 3771 and 3772 of U.S.C., 1940 ed., related to Tax Court. This section con- Title 18, and enacting provisions set out as notes under solidates all such provisions. For other provisions of this section] shall take effect on December 1, 1988.’’ such sections, see Distribution Table. EFFECTIVE DATE OF 1983 AMENDMENT Recognition by Congress of the broad rule-making power of the courts will make it possible for the courts Pub. L. 97–462, § 4, Jan. 12, 1983, 96 Stat. 2530, provided to prescribe complete and uniform modes of procedure, that: ‘‘The amendments made by this Act [enacting and alleviate, at least in part, the necessity of search- provisions set out as notes below, amending Rule 4 of ing in two places, namely in the Acts of Congress and the Federal Rules of Civil Procedure, set out in the Ap- in the rules of the courts, for procedural requisites. pendix to this title, adding Form 18–A in the Appendix Former Attorney General Cummings recently said: of Forms, and amending section 951 of Title 18, Crimes ‘‘Legislative bodies have neither the time to inquire and Criminal Procedure] shall take effect 45 days after objectively into the details of judicial procedure nor the enactment of this Act [Jan. 12, 1983].’’ the opportunity to determine the necessity for amend- ment or change. Frequently such legislation has been SHORT TITLE OF 1983 AMENDMENT enacted for the purpose of meeting particular problems Pub. L. 97–462, § 1, Jan. 12, 1983, 96 Stat. 2527, provided: or supposed difficulties, but the results have usually ‘‘That this Act [enacting provisions set out as notes been confusing or otherwise unsatisfactory. Compre- below, amending Rule 4 of the Federal Rules of Civil hensive action has been lacking for the obvious reason Procedure, set out in the Appendix to this title, adding that the professional nature of the task would leave the Form 18–A in the Appendix of Forms, and amending legislature little time for matters of substance and section 951 of Title 18, Crimes and Criminal Procedure] statesmanship. It often happened that an admitted may be cited as the ‘Federal Rules of Civil Procedure need for change, even in limited areas, could not be se- Amendments Act of 1982’.’’ cured.’’—The New Criminal Rules—Another Triumph of the Democratic Process. American Bar Association SAVINGS PROVISION Journal, May 1945. Section 406 of title IV of Pub. L. 100–702 provided Provisions of sections 263 and 296 of title 28, U.S.C., that: ‘‘The rules prescribed in accordance with law be- 1940 ed., authorizing the Court of Claims and Customs fore the effective date of this title [Dec. 1, 1988] and in Court to punish for contempt, were omitted as covered effect on the date of such effective date shall remain in by H. R. 1600, § 401, 80th Congress, for revision of the force until changed pursuant to the law as amended by Criminal Code. Provisions of section 1111 of title 26, U.S.C., 1940 ed., this title [see Effective Date of 1988 Amendment note making applicable to Tax Court Proceedings ‘‘the rules above].’’ of evidence applicable in the courts of the District of TAX COURT RULEMAKING NOT AFFECTED Columbia in the type of proceeding which, prior to Sept. 16, 1938, were within the jurisdiction of the courts Section 405 of title IV of Pub. L. 100–702 provided of equity of said District,’’ were omitted as unneces- that: ‘‘The amendments made by this title [see Effec- sary and inconsistent with other provisions of law re- tive Date of 1988 Amendment note above] shall not af- lating to the Federal courts. The rules of evidence in fect the authority of the Tax Court to prescribe rules Tax Court proceedings are the same as those which under section 7453 of the Internal Revenue Code of 1986 apply to civil procedure in other courts. See Dempster [26 U.S.C. 7453].’’ Mill. Mfg. Co. v. Burnet, 1931, 46 F.2d 604, 60 App.D.C. 23. ADMIRALTY RULES For rule-making power of the Supreme Court in copy- right infringement actions, see section 25(e) of title 17, The Rules of Practice in Admiralty and Maritime U.S.C., 1940 ed., Copyrights. See, also, section 205(a) of Cases, promulgated by the Supreme Court on Dec. 20, title 11, U.S.C., 1940 ed., Bankruptcy, authorizing the 1920, effective Mar. 7, 1921, as revised, amended, and Supreme Court to promulgate rules relating to service supplemented, were rescinded, effective July 1, 1966, in of process in railroad reorganization proceedings. accordance with the general unification of civil and ad- miralty procedure which became effective July 1, 1966. ENATE REVISION AMENDMENT S Provision for certain distinctly maritime remedies By Senate amendment, all provisions relating to the were preserved however in the Supplemental Rules for Tax Court were eliminated. Therefore, section 1111 of Certain Admiralty and Maritime Claims, rules A to F,

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Federal Rules of Civil Procedure, Appendix to this such committee shall consist of members of the title. bench and the professional bar, and trial and ap- pellate judges. § 2072. Rules of procedure and evidence; power (b) The Judicial Conference shall authorize the to prescribe appointment of a standing committee on rules (a) The Supreme Court shall have the power to of practice, procedure, and evidence under sub- prescribe general rules of practice and procedure section (a) of this section. Such standing com- and rules of evidence for cases in the United mittee shall review each recommendation of any States district courts (including proceedings be- other committees so appointed and recommend fore magistrate judges thereof) and courts of ap- to the Judicial Conference rules of practice, pro- peals. cedure, and evidence and such changes in rules (b) Such rules shall not abridge, enlarge or proposed by a committee appointed under sub- modify any substantive right. All laws in con- section (a)(2) of this section as may be necessary flict with such rules shall be of no further force to maintain consistency and otherwise promote or effect after such rules have taken effect. the interest of justice. (c) Such rules may define when a ruling of a (c)(1) Each meeting for the transaction of busi- district court is final for the purposes of appeal ness under this chapter by any committee ap- under section 1291 of this title. pointed under this section shall be open to the public, except when the committee so meeting, (Added Pub. L. 100–702, title IV, § 401(a), Nov. 19, in open session and with a majority present, de- 1988, 102 Stat. 4648; amended Pub. L. 101–650, title termines that it is in the public interest that all III, §§ 315, 321, Dec. 1, 1990, 104 Stat. 5115, 5117.) or part of the remainder of the meeting on that PRIOR PROVISIONS day shall be closed to the public, and states the A prior section 2072, acts June 25, 1948, ch. 646, 62 reason for so closing the meeting. Minutes of Stat. 961; May 24, 1949, ch. 139, § 103, 63 Stat. 104; July each meeting for the transaction of business 18, 1949, ch. 343, § 2, 63 Stat. 446; May 10, 1950, ch. 174, § 2, under this chapter shall be maintained by the 64 Stat. 158; July 7, 1958, Pub. L. 85–508, § 12(m), 72 Stat. committee and made available to the public, ex- 348; Nov. 6, 1966, Pub. L. 89–773, § 1, 80 Stat. 1323, author- cept that any portion of such minutes, relating ized the Supreme Court to prescribe rules of civil pro- to a closed meeting and made available to the cedure, prior to repeal by Pub. L. 100–702, §§ 401(a), 407, public, may contain such deletions as may be effective Dec. 1, 1988. necessary to avoid frustrating the purposes of AMENDMENTS closing the meeting. 1990—Subsec. (c). Pub. L. 101–650 added subsec. (c). (2) Any meeting for the transaction of business under this chapter, by a committee appointed CHANGE OF NAME under this section, shall be preceded by suffi- Words ‘‘magistrate judges’’ substituted for ‘‘mag- cient notice to enable all interested persons to istrates’’ in subsec. (a) pursuant to section 321 of Pub. attend. L. 101–650, set out as a note under section 631 of this (d) In making a recommendation under this title. section or under section 2072 or 2075, the body EFFECTIVE DATE making that recommendation shall provide a proposed rule, an explanatory note on the rule, Section effective Dec. 1, 1988, see section 407 of Pub. L. 100–702, set out as an Effective Date of 1988 Amend- and a written report explaining the body’s ac- ment note under section 2071 of this title. tion, including any minority or other separate views. APPLICABILITY TO VIRGIN ISLANDS (e) Failure to comply with this section does Rules of civil procedure promulgated under this sec- not invalidate a rule prescribed under section tion as applicable to the District Court of the Virgin Is- 2072 or 2075 of this title. lands, see section 1615 of Title 48, Territories and Insu- lar Possessions. (Added Pub. L. 100–702, title IV, § 401(a), Nov. 19, 1988, 102 Stat. 4649; amended Pub. L. 103–394, title ADMIRALTY RULES I, § 104(e), Oct. 22, 1994, 108 Stat. 4110.) The Rules of Practice in Admiralty and Maritime Cases, promulgated by the Supreme Court on Dec. 20, PRIOR PROVISIONS 1920, effective Mar. 7, 1921, as revised, amended, and A prior section 2073, acts June 25, 1948, ch. 646, 62 supplemented, were rescinded, effective July 1, 1966, in Stat. 961; May 24, 1949, ch. 139, § 104, 63 Stat. 104; May 10, accordance with the general unification of civil and ad- 1950, ch. 174, § 3, 64 Stat. 158, empowered the Supreme miralty procedure which became effective July 1, 1966. Court to prescribe, by general rules, the practice and Provision for certain distinctly maritime remedies procedure in admiralty and maritime cases in the dis- were preserved however, in the Supplemental Rules for trict courts, prior to repeal by Pub. L. 89–773, § 2, Nov. Certain Admiralty and Maritime Claims, Rules A to F, 6, 1966, 80 Stat. 1323. Federal Rules of Civil Procedure, Appendix to this title. AMENDMENTS 1994—Subsec. (a)(2). Pub. L. 103–394, § 104(e)(1), sub- § 2073. Rules of procedure and evidence; method stituted ‘‘sections 2072 and 2075’’ for ‘‘section 2072’’. of prescribing Subsecs. (d), (e). Pub. L. 103–394, § 104(e)(2), inserted (a)(1) The Judicial Conference shall prescribe ‘‘or 2075’’ after ‘‘2072’’. and publish the procedures for the consideration EFFECTIVE DATE OF 1994 AMENDMENT of proposed rules under this section. Amendment by Pub. L. 103–394 effective Oct. 22, 1994, (2) The Judicial Conference may authorize the and not applicable with respect to cases commenced appointment of committees to assist the Con- under Title 11, Bankruptcy, before Oct. 22, 1994, see sec- ference by recommending rules to be prescribed tion 702 of Pub. L. 103–394, set out as a note under sec- under sections 2072 and 2075 of this title. Each tion 101 of Title 11.

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EFFECTIVE DATE ‘‘(a) MODIFICATION OF PROPOSED AMENDMENTS.—The proposed amendments to the Federal Rules of Criminal Section effective Dec. 1, 1988, see section 407 of Pub. Procedure which are embraced by an order entered by L. 100–702, set out as an Effective Date of 1988 Amend- the Supreme Court of the United States on April 29, ment note under section 2071 of this title. 1994, shall take effect on December 1, 1994, as otherwise § 2074. Rules of procedure and evidence; submis- provided by law, but with the following amendments: sion to Congress; effective date ‘‘(b) IN GENERAL.—[Amended Rule 32 of the Federal Rules of Criminal Procedure.] (a) The Supreme Court shall transmit to the ‘‘(c) EFFECTIVE DATE.—The amendments made by sub- Congress not later than May 1 of the year in section (b) shall become effective on December 1, 1994.’’ which a rule prescribed under section 2072 is to AMENDMENTS TO CIVIL RULES PROPOSED APRIL 30, 1991 become effective a copy of the proposed rule. Pub. L. 102–198, § 11, Dec. 9, 1991, 105 Stat. 1626, pro- Such rule shall take effect no earlier than De- vided that: cember 1 of the year in which such rule is so ‘‘(a) TECHNICAL AMENDMENT.—Rule 15(c)(3) of the Fed- transmitted unless otherwise provided by law. eral Rules of Civil Procedure for the United States The Supreme Court may fix the extent such rule Courts, as transmitted to the Congress by the Supreme shall apply to proceedings then pending, except Court pursuant to section 2074 of title 28, United States that the Supreme Court shall not require the ap- Code, to become effective on December 1, 1991, is amended by striking ‘Rule 4(m)’ and inserting ‘Rule plication of such rule to further proceedings 4(j)’. then pending to the extent that, in the opinion ‘‘(b) AMENDMENT TO FORMS.—Form 1–A, Notice of of the court in which such proceedings are pend- and Request for Waiver of Service of Sum- ing, the application of such rule in such proceed- mons, and Form 1–B, Waiver of Service of Summons, ings would not be feasible or would work injus- included in the transmittal by the Supreme Court de- tice, in which event the former rule applies. scribed in subsection (a), shall not be effective and (b) Any such rule creating, abolishing, or Form 18–A, Notice and Acknowledgment for Service by modifying an evidentiary privilege shall have no Mail, abrogated by the Supreme Court in such trans- mittal, effective December 1, 1991, shall continue in ef- force or effect unless approved by Act of Con- fect on or after that date.’’ gress. AMENDMENTS TO CIVIL RULES PROPOSED APRIL 28, 1982 (Added Pub. L. 100–702, title IV, § 401(a), Nov. 19, 1988, 102 Stat. 4649.) Pub. L. 97–462, § 5, Jan. 12, 1983, 96 Stat. 2530, provided that: ‘‘The amendments to the Federal Rules of Civil PRIOR PROVISIONS Procedure [Rule 4], the effective date of which was de- layed by the Act entitled ‘An Act to delay the effective A prior section 2074, act July 27, 1954, ch. 583, § 1, 68 date of proposed amendments to rule 4 of the Federal Stat. 567, empowered the Supreme Court to prescribe Rules of Civil Procedure’, approved August 2, 1982 (96 rules for review of decisions of the Tax Court of the Stat. 246) [Pub. L. 97–227, see below], shall not take ef- United States, prior to repeal by Pub. L. 89–773, § 2, Nov. fect.’’ 6, 1966, 80 Stat. 1323. Pub. L. 97–227, Aug. 2, 1982, 96 Stat. 246, provided: EFFECTIVE DATE ‘‘That notwithstanding the provisions of section 2072 of title 28, United States Code, the amendments to rule 4 Section effective Dec. 1, 1988, see section 407 of Pub. of the Federal Rules of Civil Procedure as proposed by L. 100–702, set out as an Effective Date of 1988 Amend- the Supreme Court of the United States and transmit- ment note under section 2071 of this title. ted to the Congress by the Chief Justice on April 28, MODIFICATION OF AMENDMENTS TO FEDERAL RULES OF 1982, shall take effect on October 1, 1983, unless pre- CRIMINAL PROCEDURE PROPOSED APRIL 29, 2002; EF- viously approved, disapproved, or modified by Act of FECTIVE DATE Congress. ‘‘SEC. 2. This Act shall be effective as of August 1, Pub. L. 107–273, div. C, title I, § 11019(a), Nov. 2, 2002, 1982, but shall not apply to the service of process that 116 Stat. 1825, provided that: ‘‘The proposed amend- takes place between August 1, 1982, and the date of en- ments to the Federal Rules of Criminal Procedure that actment of this Act [Aug. 2, 1982].’’ are embraced by an order entered by the Supreme Court of the United States on April 29, 2002, shall take AMENDMENTS TO CRIMINAL RULES AND RULES OF EVI- effect on December 1, 2002, as otherwise provided by DENCE PROPOSED APRIL 30, 1979; POSTPONEMENT OF law, but with the amendments made in subsection (b) EFFECTIVE DATE [amending Rule 16 of the Federal Rules of Criminal Pub. L. 96–42, July 31, 1979, 93 Stat. 326, provided: Procedure].’’ ‘‘That notwithstanding any provision of section 3771 or MODIFICATION OF AMENDMENTS TO FEDERAL RULES OF 3772 of title 18 of the United States Code or of section EVIDENCE PROPOSED APRIL 29, 1994; EFFECTIVE DATE 2072, 2075, or 2076 of title 28 of the United States Code to the contrary— Pub. L. 103–322, title IV, § 40141, Sept. 13, 1994, 108 ‘‘(1) the amendments proposed by the United States Stat. 1918, provided that: Supreme Court and transmitted by the Chief Justice ‘‘(a) MODIFICATION OF PROPOSED AMENDMENT.—The on April 30, 1979, to the Federal Rules of Criminal proposed amendments to the Federal Rules of Evidence Procedure affecting rules 11(e)(6), 17(h), 32(f), and that are embraced by an order entered by the Supreme 44(c), and adding new rules 26.2 and 32.1, and the Court of the United States on April 29, 1994, shall take amendment so proposed and transmitted to the Fed- effect on December 1, 1994, as otherwise provided by eral Rules of Evidence affecting rule 410, shall not law, but with the amendment made by subsection (b). take effect until December 1, 1980, or until and then ‘‘(b) RULE.—[Amended Rule 412 of the Federal Rules only to the extent approved by Act of Congress, of Evidence.] whichever is earlier; and ‘‘(c) TECHNICAL AMENDMENT.—[Amended table of con- ‘‘(2) the amendment proposed by the United States tents for the Federal Rules of Evidence.]’’ Supreme Court and transmitted by the Chief Justice on April 30, 1979, affecting rule 40 of the Federal Rules MODIFICATION OF AMENDMENTS TO FEDERAL RULES OF of Criminal Procedure shall take effect on August 1, CRIMINAL PROCEDURE PROPOSED APRIL 29, 1994; EF- 1979, with the following amendments: FECTIVE DATE ‘‘(A) In the matter designated as paragraph (1) of Pub. L. 103–322, title XXIII, § 230101, Sept. 13, 1994, 108 subdivision (d), strike out ‘in accordance with Rule Stat. 2077, provided that: 32.1(a)’.

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‘‘(B) In the matter designated as paragraph (2) of of title 28 of the United States Code, the rules and subdivision (d), strike out ‘in accordance with Rule forms governing section 2254 [section 2254 of this title] 32.1(a)(1)’.’’ cases in the United States district courts and the rules and forms governing section 2255 [section 2255 of this APPROVAL AND EFFECTIVE DATE OF AMENDMENTS title] proceedings in the United States district courts PROPOSED APRIL 26, 1976 which are embraced by the order entered by the United Pub. L. 95–78, § 1, July 30, 1977, 91 Stat. 319, provided: States Supreme Court on April 26, 1976, and which were ‘‘That notwithstanding the first section of the Act en- transmitted to the Congress on or about April 26, 1976, titled ‘An Act to delay the effective date of certain pro- shall not take effect until thirty days after the ad- posed amendments to the Federal Rules of Criminal journment sine die of the 94th Congress, or until and to Procedure and certain other rules promulgated by the the extent approved by Act of Congress, whichever is United States Supreme Court’ (Public Law 94–349, ap- earlier.’’ proved July 8, 1976) [90 Stat. 822] the amendments to APPROVAL AND EFFECTIVE DATE OF AMENDMENTS rules 6(e), 23, 24, 40.1, and 41(c)(2) of the Rules of Crimi- PROPOSED APRIL 22, 1974 nal Procedure for the United States district courts [set out in the Appendix to Title 18, Crimes and Criminal Pub. L. 94–64, § 2, July 31, 1975, 89 Stat. 370, provided Procedure] which are embraced by the order entered by that: ‘‘The amendments proposed by the United States the United States Supreme Court on April 26, 1976, shall Supreme Court to the Federal Rules of Criminal Proce- take effect only as provided in this Act [see section 4 dure [adding rules 12.1, 12.2, and 29.1 and amending rules of Pub. L. 95–78, set out below].’’ 4, 9(a), 11, 12, 15, 16, 17(f), 20, 32(a), (c), and (e), and 43] which are embraced in the order of that Court on April EFFECTIVE DATE OF PUB. L. 95–78 22, 1974, are approved except as otherwise provided in Pub. L. 95–78, § 4, July 30, 1977, 91 Stat. 322, provided this Act [making further amendments to rules 4, 9(a), 11, 12, 12.1, 12.2, 15, 16, 17(f), 20, 32(a), (c), and (e), and 43] that: and shall take effect on December 1, 1975. Except with ‘‘(a) The first section of this Act [set out as a note respect to the amendment to Rule 11, insofar as it adds above] shall take effect on the date of the enactment of Rule 11(e)(6), which shall take effect on August 1, 1975, this Act [July 30, 1977]. the amendments made by section 3 of this Act shall ‘‘(b) Sections 2 and 3 of this Act [which amended sec- also take effect on December 1, 1975.’’ tion 1446 of this title, approved proposed amendment of rule 23 of the Federal Rules of Criminal Procedure, APPROVAL AND EFFECTIVE DATE OF AMENDMENTS modified and approved proposed amendment of rules 6 PROPOSED NOVEMBER 20, 1972 AND DECEMBER 18, 1972 and 41 of the Federal Rules of Criminal Procedure, and Pub. L. 93–595, § 3, Jan. 2, 1975, 88 Stat. 1949, provided disapproved the proposed amendment of rule 24 of the that: ‘‘The Congress expressly approves the amend- Federal Rules of Criminal Procedure and the proposed ments to the Federal Rules of Civil Procedure [Rules addition of rule 40.1 of the Federal Rules of Criminal 30(c), 32(c), 43, and 44.1] and the amendments to the Procedure] shall take effect October 1, 1977.’’ Federal Rules of Criminal Procedure [Rules 26, 26.1, and APPROVAL AND EFFECTIVE DATE OF RULES GOVERNING 28], which are embraced by the orders entered by the SECTION 2254 CASES AND SECTION 2255 PROCEEDINGS Supreme Court of the United States on November 20, FOR UNITED STATES DISTRICT COURTS 1972, and December 18, 1972, and such amendments shall take effect on the one hundred and eightieth day begin- Pub. L. 94–426, § 1, Sept. 28, 1976, 90 Stat. 1334, pro- ning after the date of the enactment of this Act [Jan. vided: ‘‘That the rules governing section 2254 cases in 2, 1975].’’ the United States district courts and the rules govern- ing section 2255 proceedings for the United States dis- AMENDMENTS TO CRIMINAL RULES UNDER SUPREME trict courts, as proposed by the United States Supreme COURT ORDER OF APRIL 22, 1974; POSTPONEMENT OF Court, which were delayed by the Act entitled ‘An Act EFFECTIVE DATE UNTIL AUGUST 1, 1975 to delay the effective date of certain proposed amend- Pub. L. 93–361, July 30, 1974, 88 Stat. 397, provided: ments to the Federal Rules of Criminal Procedure and ‘‘That, notwithstanding the provisions of sections 3771 certain other rules promulgated by the United States and 3772 of title 18 of the United States Code, the effec- Supreme Court’ (Public Law 94–349), are approved with tive date of the proposed amendments to the Federal the amendments set forth in section 2 of this Act and Rules of Criminal Procedure which are embraced by the shall take effect as so amended, with respect to peti- order entered by the United States Supreme Court on tions under section 2254 and motions under section 2255 April 22, 1974, and which were transmitted to the Con- of title 28 of the United States Code filed on or after gress by the Chief Justice on April 22, 1974, is postponed February 1, 1977.’’ until August 1, 1975.’’

AMENDMENTS TO CRIMINAL RULES UNDER SUPREME CONGRESSIONAL APPROVAL REQUIREMENT FOR PRO- COURT ORDER OF APRIL 26, 1976; POSTPONEMENT OF POSED RULES OF EVIDENCE FOR UNITED STATES EFFECTIVE DATE COURTS AND AMENDMENTS TO FEDERAL RULES OF Pub. L. 94–349, § 1, July 8, 1976, 90 Stat. 822, provided: CIVIL PROCEDURE AND CRIMINAL PROCEDURE; SUSPEN- ‘‘That, notwithstanding the provisions of sections 3771 SION OF EFFECTIVENESS OF SUCH RULES and 3772 of title 18 of the United States Code the Pub. L. 93–12, Mar. 30, 1973, 87 Stat. 9, provided: ‘‘That amendments to rules 6(e), 23, 24, 40.1 and 41(c)(2) of the notwithstanding any other provisions of law, the Rules Rules of Criminal Procedure for the United States dis- of Evidence for United States Courts and Magistrates, trict courts which are embraced by the order entered the Amendments to the Federal Rules of Civil Proce- by the United States Supreme Court on April 26, 1976, dure, and the Amendments to the Federal Rules of and which were transmitted to the Congress on or Criminal Procedure, which are embraced by the orders about April 26, 1976, shall not take effect until August entered by the Supreme Court of the United States on 1, 1977, or until and to the extent approved by Act of Monday, November 20, 1972, and Monday, December 18, Congress, whichever is earlier. The remainder of the 1972, shall have no force or effect except to the extent, proposed amendments to the Federal Rules of Criminal and with such amendments, as they may be expressly Procedure [rules 6(f), 41(a), (c)(1), and 50(b)] shall be- approved by the Act of Congress.’’ come effective August 1, 1976, pursuant to law.’’ § 2075. Bankruptcy rules POSTPONEMENT OF EFFECTIVE DATE OF PROPOSED RULES AND FORMS GOVERNING PROCEEDINGS UNDER The Supreme Court shall have the power to SECTIONS 2254 AND 2255 OF THIS TITLE prescribe by general rules, the forms of process, Pub. L. 94–349, § 2, July 8, 1976, 90 Stat. 822, provided: writs, pleadings, and motions, and the practice ‘‘That, notwithstanding the provisions of section 2072 and procedure in cases under title 11.

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Such rules shall not abridge, enlarge, or mod- Stat. 806, authorized the Supreme Court to prescribe ify any substantive right. amendments to Federal Rules of Evidence. See sections The Supreme Court shall transmit to Congress 2072 to 2074 of this title. not later than May 1 of the year in which a rule EFFECTIVE DATE OF REPEAL prescribed under this section is to become effec- Repeal effective Dec. 1, 1988, see section 407 of Pub. L. tive a copy of the proposed rule. The rule shall 100–702, set out as an Effective Date of 1988 Amendment take effect no earlier than December 1 of the note under section 2071 of this title. year in which it is transmitted to Congress un- less otherwise provided by law. § 2077. Publication of rules; advisory committees (Added Pub. L. 88–623, § 1, Oct. 3, 1964, 78 Stat. (a) The rules for the conduct of the business of 1001; amended Pub. L. 95–598, title II, § 247, Nov. each court of appeals, including the operating 6, 1978, 92 Stat. 2672; Pub. L. 103–394, title I, procedures of such court, shall be published. § 104(f), Oct. 22, 1994, 108 Stat. 4110.) Each court of appeals shall print or cause to be printed necessary copies of the rules. The Judi- AMENDMENTS cial Conference shall prescribe the fees for sales 1994—Pub. L. 103–394 amended third par. generally. of copies under section 1913 of this title, but the Prior to amendment, third par. read as follows: ‘‘Such Judicial Conference may provide for free dis- rules shall not take effect until they have been re- tribution of copies to members of the bar of each ported to Congress by the Chief Justice at or after the court and to other interested persons. beginning of a regular session thereof but not later than the first day of May and until the expiration of (b) Each court, except the Supreme Court, ninety days after they have been thus reported.’’ that is authorized to prescribe rules of the con- 1978—Pub. L. 95–598 substituted ‘‘in cases under title duct of such court’s business under section 2071 11’’ for ‘‘under the Bankruptcy Act’’ and struck out of this title shall appoint an advisory committee provisions directing that all laws in conflict with bank- for the study of the rules of practice and inter- ruptcy rules be of no further force or effect after such nal operating procedures of such court and, in rules have taken effect. the case of an advisory committee appointed by EFFECTIVE DATE OF 1994 AMENDMENT a court of appeals, of the rules of the judicial council of the circuit. The advisory committee Amendment by Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced shall make recommendations to the court con- under Title 11, Bankruptcy, before Oct. 22, 1994, see sec- cerning such rules and procedures. Members of tion 702 of Pub. L. 103–394, set out as a note under sec- the committee shall serve without compensa- tion 101 of Title 11. tion, but the Director may pay travel and trans- portation expenses in accordance with section EFFECTIVE DATE OF 1978 AMENDMENT 5703 of title 5. Amendment by Pub. L. 95–598 effective Nov. 6, 1978, see section 402(d) of Pub. L. 95–598, set out as an Effec- (Added Pub. L. 97–164, title II, § 208(a), Apr. 2, tive Date note preceding section 101 of Title 11, Bank- 1982, 96 Stat. 54; amended Pub. L. 100–702, title ruptcy. IV, § 401(b), Nov. 19, 1988, 102 Stat. 4650; Pub. L. 101–650, title IV, § 406, Dec. 1, 1990, 104 Stat. 5124.) RULES PROMULGATED BY SUPREME COURT Pub. L. 98–353, title III, § 320, July 10, 1984, 98 Stat. 357, AMENDMENTS provided that: ‘‘The Supreme Court shall prescribe gen- 1990—Subsec. (b). Pub. L. 101–650 inserted before pe- eral rules implementing the practice and procedure to riod at end of first sentence ‘‘and, in the case of an ad- be followed under section 707(b) of title 11, United visory committee appointed by a court of appeals, of States Code. Section 2075 of title 28, United States the rules of the judicial council of the circuit’’. Code, shall apply with respect to the general rules pre- 1988—Subsec. (b). Pub. L. 100–702 substituted ‘‘Each scribed under this section.’’ court, except the Supreme Court, that is authorized to prescribe rules of the conduct of such court’s business APPLICABILITY OF RULES TO CASES UNDER TITLE 11 under section 2071 of this title shall appoint’’ for ‘‘Each Pub. L. 95–598, title IV, § 405(d), Nov. 6, 1978, 92 Stat. court of appeals shall appoint’’ and ‘‘such court’’ for 2685, provided that: ‘‘The rules prescribed under section ‘‘the court of appeals’’. 2075 of title 28 of the United States Code and in effect EFFECTIVE DATE OF 1990 AMENDMENT on September 30, 1979, shall apply to cases under title 11, to the extent not inconsistent with the amendments Amendment by Pub. L. 101–650 effective 90 days after made by this Act, or with this Act [see Tables for com- Dec. 1, 1990, see section 407 of Pub. L. 101–650, set out as plete classification of Pub. L. 95–598], until such rules a note under section 332 of this title. are repealed or superseded by rules prescribed and ef- fective under such section, as amended by section 248 of EFFECTIVE DATE OF 1988 AMENDMENT this Act.’’ Amendment by Pub. L. 100–702 effective Dec. 1, 1988, see section 407 of Pub. L. 100–702, set out as a note ADDITIONAL RULEMAKING POWER under section 2071 of this title. Pub. L. 95–598, title IV, § 410, Nov. 6, 1978, 92 Stat. 2687, EFFECTIVE DATE provided that: ‘‘The Supreme Court may issue such ad- ditional rules of procedure, consistent with Acts of Section effective Oct. 1, 1982, see section 402 of Pub. Congress, as may be necessary for the orderly transfer L. 97–164, set out as an Effective Date of 1982 Amend- of functions and records and the orderly transition to ment note under section 171 of this title. the new bankruptcy court system created by this Act [see Tables for complete classification of Pub. L. CHAPTER 133—REVIEW—MISCELLANEOUS 95–598].’’ PROVISIONS [§ 2076. Repealed. Pub. L. 100–702, title IV, Sec. § 401(c), Nov. 19, 1988, 102 Stat. 4650] 2101. Supreme Court; time for appeal or certiorari; docketing; stay. Section, added Pub. L. 93–595, § 2(a)(1), Jan. 2, 1975, 88 2102. Priority of criminal case on appeal from Stat. 1948; amended Pub. L. 94–149, § 2, Dec. 12, 1975, 89 State court.

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