US (United States) Code. Title 28. Chapter 87: District Courts; venue

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Judiciary and judicial procedure

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-CITE-

28 USC CHAPTER 87 - DISTRICT COURTS; VENUE 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 87 - DISTRICT COURTS; VENUE

-HEAD-

CHAPTER 87 - DISTRICT COURTS; VENUE

-MISC1-

Sec.

1391. Venue generally.

1392. Defendants or property in different districts in same

State.

[1393. Repealed.]

1394. Banking association's action against Comptroller of

Currency.

1395. Fine, penalty or forfeiture.

1396. Internal revenue taxes.

1397. Interpleader.

1398. Interstate Commerce Commission's orders.

1399. Partition action involving United States.

1400. Patents and copyrights, mask works, and designs.

1401. Stockholder's derivative action.

1402. United States as defendant.

1403. Eminent domain.

1404. Change of venue.

1405. Creation or alteration of district or division.

1406. Cure or waiver of defects.

1407. Multidistrict litigation.

1408. Venue of cases under title 11.

1409. Venue of proceedings arising under title 11 or arising

in or related to cases under title 11.

1410. Venue of cases ancillary to foreign proceedings.

1411. Jury trials.

1412. Change of venue.

1413. Venue of cases under chapter 5 of title 3.

AMENDMENTS

1998 - Pub. L. 105-304, title V, Sec. 503(c)(3), Oct. 28, 1998,

112 Stat. 2917 inserted ", mask works, and designs" in item 1400.

1996 - Pub. L. 104-331, Sec. 3(b)(2)(B), Oct. 26, 1996, 110 Stat.

4069, which directed amendment of table of sections for chapter 37

by adding item 1413 at end, was executed by adding item 1413 at end

of table of sections for chapter 87 to reflect the probable intent

of Congress.

1988 - Pub. L. 100-702, title X, Sec. 1001(a), Nov. 19, 1988, 102

Stat. 4664, struck out item 1393 "Divisions; single defendant;

defendants in different divisions".

1984 - Pub. L. 98-353, title I, Sec. 102(b), July 10, 1984, 98

Stat. 335, added items 1408 to 1412.

1978 - Pub. L. 95-598, title II, Sec. 240(b), Nov. 6, 1978, 92

Stat. 2668, directed the addition of item 1408, "Bankruptcy

appeals", which amendment did not become effective pursuant to

section 402(b) of Pub. L. 95-598, as amended, set out as an

Effective Date note preceding section 101 of Title 11, Bankruptcy.

1968 - Pub. L. 90-296, Sec. 2, Apr. 29, 1968, 82 Stat. 110, added

item 1407.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 42 section 3612.

-End-

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28 USC Sec. 1391 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 87 - DISTRICT COURTS; VENUE

-HEAD-

Sec. 1391. Venue generally

-STATUTE-

(a) A civil action wherein jurisdiction is founded only on

diversity of citizenship may, except as otherwise provided by law,

be brought only in (1) a judicial district where any defendant

resides, if all defendants reside in the same State, (2) a judicial

district in which a substantial part of the events or omissions

giving rise to the claim occurred, or a substantial part of

property that is the subject of the action is situated, or (3) a

judicial district in which any defendant is subject to personal

jurisdiction at the time the action is commenced, if there is no

district in which the action may otherwise be brought.

(b) A civil action wherein jurisdiction is not founded solely on

diversity of citizenship may, except as otherwise provided by law,

be brought only in (1) a judicial district where any defendant

resides, if all defendants reside in the same State, (2) a judicial

district in which a substantial part of the events or omissions

giving rise to the claim occurred, or a substantial part of

property that is the subject of the action is situated, or (3) a

judicial district in which any defendant may be found, if there is

no district in which the action may otherwise be brought.

(c) For purposes of venue under this chapter, a defendant that is

a corporation shall be deemed to reside in any judicial district in

which it is subject to personal jurisdiction at the time the action

is commenced. In a State which has more than one judicial district

and in which a defendant that is a corporation is subject to

personal jurisdiction at the time an action is commenced, such

corporation shall be deemed to reside in any district in that State

within which its contacts would be sufficient to subject it to

personal jurisdiction if that district were a separate State, and,

if there is no such district, the corporation shall be deemed to

reside in the district within which it has the most significant

contacts.

(d) An alien may be sued in any district.

(e) A civil action in which a defendant is an officer or employee

of the United States or any agency thereof acting in his official

capacity or under color of legal authority, or an agency of the

United States, or the United States, may, except as otherwise

provided by law, be brought in any judicial district in which (1) a

defendant in the action resides, (2) a substantial part of the

events or omissions giving rise to the claim occurred, or a

substantial part of property that is the subject of the action is

situated, or (3) the plaintiff resides if no real property is

involved in the action. Additional persons may be joined as parties

to any such action in accordance with the Federal Rules of Civil

Procedure and with such other venue requirements as would be

applicable if the United States or one of its officers, employees,

or agencies were not a party.

The summons and complaint in such an action shall be served as

provided by the Federal Rules of Civil Procedure except that the

delivery of the summons and complaint to the officer or agency as

required by the rules may be made by certified mail beyond the

territorial limits of the district in which the action is brought.

(f) A civil action against a foreign state as defined in section

1603(a) of this title may be brought -

(1) in any judicial district in which a substantial part of the

events or omissions giving rise to the claim occurred, or a

substantial part of property that is the subject of the action is

situated;

(2) in any judicial district in which the vessel or cargo of a

foreign state is situated, if the claim is asserted under section

1605(b) of this title;

(3) in any judicial district in which the agency or

instrumentality is licensed to do business or is doing business,

if the action is brought against an agency or instrumentality of

a foreign state as defined in section 1603(b) of this title; or

(4) in the United States District Court for the District of

Columbia if the action is brought against a foreign state or

political subdivision thereof.

(g) A civil action in which jurisdiction of the district court is

based upon section 1369 of this title may be brought in any

district in which any defendant resides or in which a substantial

part of the accident giving rise to the action took place.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 935; Pub. L. 87-748, Sec. 2, Oct.

5, 1962, 76 Stat. 744; Pub. L. 88-234, Dec. 23, 1963, 77 Stat. 473;

Pub. L. 89-714, Secs. 1, 2, Nov. 2, 1966, 80 Stat. 1111; Pub. L.

94-574, Sec. 3, Oct. 21, 1976, 90 Stat. 2721; Pub. L. 94-583, Sec.

5, Oct. 21, 1976, 90 Stat. 2897; Pub. L. 100-702, title X, Sec.

1013(a), Nov. 19, 1988, 102 Stat. 4669; Pub. L. 101-650, title III,

Sec. 311, Dec. 1, 1990, 104 Stat. 5114; Pub. L. 102-198, Sec. 3,

Dec. 9, 1991, 105 Stat. 1623; Pub. L. 102-572, title V, Sec. 504,

Oct. 29, 1992, 106 Stat. 4513; Pub. L. 104-34, Sec. 1, Oct. 3,

1995, 109 Stat. 293; Pub. L. 107-273, div. C, title I, Sec.

11020(b)(2), Nov. 2, 2002, 116 Stat. 1827.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 111, 112 (Mar. 3,

1911, ch. 231, Secs. 50, 51, 36 Stat. 1101; Sept. 19, 1922, ch.

345, 42 Stat. 849; Mar. 4, 1925, ch. 526, Sec. 1, 43 Stat. 1264;

Apr. 16, 1936, ch. 230, 49 Stat. 1213).

Section consolidates section 111 of title 28, U.S.C., 1940 ed.,

with part of section 112 of such title.

The portion of section 112 of title 28, U.S.C., 1940 ed.,

relating to venue generally constitutes this section and the parts

relating to arrest of the defendant, venue and process in

stockholders' actions constitute sections 1401, 1693, and 1695 of

this title.

Provision in section 111 of title 28, U.S.C., 1940 ed., that a

district court may proceed as to parties before it although one or

more defendants do not reside in the district, and that its

judgment shall be without prejudice to such absent defendants, was

omitted as covered by rule 19(b) of the Federal Rules of Civil

Procedure.

Word "action" was substituted for "suit" in view of Rule 2 of the

Federal Rules of Civil Procedure.

Word "reside" was substituted for "whereof he is an inhabitant"

for clarity inasmuch as "inhabitant" and "resident" are synonymous.

(See Ex parte Shaw, 1892, 12 S.Ct. 935, 145 U.S. 444, 36 L.Ed. 768;

Standard Stoker Co., Inc. v. Lower, D.C., 1931, 46 F.2d 678;

Edgewater Realty Co. v. Tennessee Coal, Iron & Railroad Co., D.C.,

1943, 49 F.Supp. 807.)

Reference to "all plaintiffs" and "all defendants" were

substituted for references to "the plaintiff" and "the defendant,"

in view of many decisions holding that the singular terms were used

in a collective sense. (See Smith v. Lyon, 1890, 10 S.Ct. 303, 133

U.S. 315, 33 L.Ed. 635; Hooe v. Jamieson, 1897, 17 S.Ct. 596, 166

U.S. 395, 41 L.Ed. 1049; and Fetzer v. Livermore, D.C., 1926, 15

F.2d 462.)

In subsection (c), references to defendants "found" within a

district or voluntarily appearing were omitted. The use of the word

"found" made section 111 of title 28, U.S.C., 1940 ed., ambiguous.

The argument that an action could be brought in the district where

one defendant resided and a nonresident defendant was "found," was

rejected in Camp v. Gress, 1919, 39 S.Ct. 478, 250 U.S. 308, 63

L.Ed. 997. However, this ambiguity will be obviated in the future

by the omission of such reference.

Subsection (d) of this section is added to give statutory

recognition to the weight of authority concerning a rule of venue

as to which there has been a sharp conflict of decisions. (See

Sandusky Foundry & Machine Co. v. DeLavand, 1918, D.C.Ohio, 251 F.

631, 632, and cases cited. See also Keating v. Pennsylvania Co.,

1917, D.C.Ohio, 245 F. 155 and cases cited.)

Changes were made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsec. (e),

are set out in the Appendix to this title.

-MISC2-

AMENDMENTS

2002 - Subsec. (g). Pub. L. 107-273 added subsec. (g).

1995 - Subsec. (a)(3). Pub. L. 104-34 substituted "any defendant

is" for "the defendants are".

1992 - Subsec. (a)(3). Pub. L. 102-572 inserted before period at

end ", if there is no district in which the action may otherwise be

brought".

1991 - Subsec. (b). Pub. L. 102-198 substituted "in (1)" for "if

(1)".

1990 - Subsec. (a). Pub. L. 101-650, Sec. 311(1), substituted

cls. (1) to (3) for "the judicial district where all plaintiffs or

all defendants reside, or in which the claim arose".

Subsec. (b). Pub. L. 101-650, Sec. 311(2), substituted "may,

except as otherwise provided by law, be brought only if" and cls.

(1) to (3) for "may be brought only in the judicial district where

all defendants reside, or in which the claim arose, except as

otherwise provided by law".

Subsec. (e). Pub. L. 101-650, Sec. 311(3), substituted "(2) a

substantial part of the events or omissions giving rise to the

claim occurred, or a substantial part of property that is the

subject of the action is situated, or (3)" for "or (2) the cause of

action arose, or (3) any real property involved in the action is

situated, or (4)".

1988 - Subsec. (c). Pub. L. 100-702 amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "A

corporation may be sued in any judicial district in which it is

incorporated or licensed to do business or is doing business, and

such judicial district shall be regarded as the residence of such

corporation for venue purposes."

1976 - Subsec. (e). Pub. L. 94-574 provided that, in actions

against the United States, its agencies, or officers or employees

in their official capacities, additional persons may be joined in

accordance with the Federal Rules of Civil Procedure and with other

venue requirements which would be applicable if the United States,

its agencies, or one of its officers or employees were not a party.

Subsec. (f). Pub. L. 94-583 added subsec. (f).

1966 - Subsec. (a). Pub. L. 89-714, Sec. 1, authorized a civil

action to be brought in the judicial district in which the claim

arose.

Subsec. (b). Pub. L. 89-714, Sec. 1, authorized a civil action to

be brought in the judicial district in which the claim arose.

Subsec. (f). Pub. L. 89-714, Sec. 2, repealed subsec. (f) which

permitted a civil action on a tort claim arising out of the

manufacture, assembly, repair, ownership, maintenance, use, or

operation of an automobile to be brought in the judicial district

wherein the act or omission complained of occurred. Present

provisions are now contained in subsecs. (a) and (b) of this

section.

1963 - Subsec. (f). Pub. L. 88-234 added subsec. (f)

1962 - Subsec. (e). Pub. L. 87-748 added subsec. (e).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-273 applicable to a civil action if the

accident giving rise to the cause of action occurred on or after

the 90th day after Nov. 2, 2002, see section 11020(c) of Pub. L.

107-273, set out as an Effective Date note under section 1369 of

this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Jan. 1, 1993, see section

1101(a) of Pub. L. 102-572, set out as a note under section 905 of

Title 2, The Congress.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 1013(b) of title X of Pub. L. 100-702 provided that: "The

amendment made by this section [amending this section] takes effect

90 days after the date of enactment of this title [Nov. 19, 1988]."

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-583 effective 90 days after Oct. 21,

1976, see section 8 of Pub. L. 94-583, set out as an Effective Date

note under section 1602 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 sections 53, 6103, 6104,

6504; title 19 section 1337; title 22 sections 290l-5, 290o-5;

title 27 section 122a; title 42 section 1973aa-2.

-End-

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28 USC Sec. 1392 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 87 - DISTRICT COURTS; VENUE

-HEAD-

Sec. 1392. Defendants or property in different districts in same

State

-STATUTE-

Any civil action, of a local nature, involving property located

in different districts in the same State, may be brought in any of

such districts.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 935; Pub. L. 104-220, Sec. 1,

Oct. 1, 1996, 110 Stat. 3023.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 113, 116 (Mar. 3,

1911, ch. 231, Secs. 52, 55, 36 Stat. 1101, 1102).

Section consolidates section 113 of title 28, U.S.C., 1940 ed.,

with section 116 of such title.

Last sentence of section 113 of title 28, U.S.C., 1940 ed.,

relating to execution on judgments or decrees, was omitted as

covered by section 2001 et seq. of this title.

Words "civil action" were substituted for "suit" in view of Rule

2 of the Federal Rules of Civil Procedure.

Words of said section 113, "against a single defendant,

inhabitant of such State, must be brought in the district where he

resides" were omitted as covered by section 1391 of this title.

Words of section 116 of title 28, U.S.C., 1940 ed., "land or

other subject matter of a fixed character" were deleted and the

word "property" substituted for flexibility and uniformity. (See

sections 754, 1692, of this title and reviser's notes thereunder.)

Words of said section 116, "and the court in which it is brought

shall have jurisdiction to hear and decide it, and to cause mesne

or final process to be issued and executed, as fully as if the said

subject matter were wholly within the district for which such court

is constituted" were omitted as surplusage and fully covered by

Rule 4 of the Federal Rules of Civil Procedure. Said rule also

covers the following omitted language: "A duplicate writ may be

issued against the defendants, directed to the marshal of any other

district in which any defendant resides."

Changes were made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-220 struck out "(b)" before "Any civil action"

and struck out subsec. (a) which read as follows: "Any civil

action, not of a local nature, against defendants residing in

different districts in the same State, may be brought in any of

such districts."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 1973aa-2.

-End-

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28 USC Sec. 1393 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 87 - DISTRICT COURTS; VENUE

-HEAD-

[Sec. 1393. Repealed. Pub. L. 100-702, title X, Sec. 1001(a), Nov.

19, 1988, 102 Stat. 4664]

-MISC1-

Section, act June 25, 1948, ch. 646, 62 Stat. 935, related to

divisional venue in civil cases of a single defendant or defendants

in different divisions.

EFFECTIVE DATE OF REPEAL

Section 1001(b) of Pub. L. 100-702 provided that: "The amendments

made by this section [repealing this section] take effect 90 days

after the date of enactment of this Act [Nov. 19, 1988]."

-End-

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28 USC Sec. 1394 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 87 - DISTRICT COURTS; VENUE

-HEAD-

Sec. 1394. Banking association's action against Comptroller of

Currency

-STATUTE-

Any civil action by a national banking association to enjoin the

Comptroller of the Currency, under the provisions of any Act of

Congress relating to such associations, may be prosecuted in the

judicial district where such association is located.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 935.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 110 (Mar. 3, 1911, ch.

231, Sec. 49, 36 Stat. 1100).

Words "Any civil action" were substituted for "All proceedings,"

in view of Rule 2 of the Federal Rules of Civil Procedure.

Changes were made in phraseology.

-TRANS-

EXCEPTION AS TO TRANSFER OF FUNCTIONS

Functions vested by any provision of law in the Comptroller of

the Currency, referred to in this section, were not included in the

transfer of functions of officers, agencies and employees of the

Department of the Treasury to the Secretary of the Treasury, made

by Reorg. Plan No. 26 of 1950, Sec. 1, eff. July 31, 1950, 15 F.R.

4935, 64 Stat. 1280. See section 321(c)(2) of Title 31, Money and

Finance.

-End-

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28 USC Sec. 1395 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 87 - DISTRICT COURTS; VENUE

-HEAD-

Sec. 1395. Fine, penalty or forfeiture

-STATUTE-

(a) A civil proceeding for the recovery of a pecuniary fine,

penalty or forfeiture may be prosecuted in the district where it

accrues or the defendant is found.

(b) A civil proceeding for the forfeiture of property may be

prosecuted in any district where such property is found.

(c) A civil proceeding for the forfeiture of property seized

outside any judicial district may be prosecuted in any district

into which the property is brought.

(d) A proceeding in admiralty for the enforcement of fines,

penalties and forfeitures against a vessel may be brought in any

district in which the vessel is arrested.

(e) Any proceeding for the forfeiture of a vessel or cargo

entering a port of entry closed by the President in pursuance of

law, or of goods and chattels coming from a State or section

declared by proclamation of the President to be in insurrection, or

of any vessel or vehicle conveying persons or property to or from

such State or section or belonging in whole or in part to a

resident thereof, may be prosecuted in any district into which the

property is taken and in which the proceeding is instituted.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 936.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 104, 106, 107, and

108, and section 3745(c) of title 26, U.S.C., 1940 ed., Internal

Revenue Code (Mar. 3, 1911, ch. 231, Secs. 43, 45, 46, 47, 36 Stat.

1100; Feb. 10, 1939, ch. 2, Sec. 3745(c), 53 Stat. 460).

This section consolidates section 3745(c) of title 26, U.S.C.,

1940 ed., with sections 104, 106, 107, and 108 of title 28, U.S.C.,

1940 ed., relating to venue in civil proceedings to recover and

enforce civil fines, penalties, and forfeitures, pecuniary or

otherwise. Subsection (a) is based on said section 104 of title 28

and said section 3745(c) of title 26. Subsections (b) and (c)

consolidate such sections 106 and 107 of title 28. Subsection (e)

is based on such section 108 of title 28.

Subsection (b) substituted words "may be prosecuted in any

district where such property is found" for "shall be prosecuted in

the district where the seizure is made," to include not only

property seized, but also all other property subject to forfeiture.

Words "civil" and "fine" were inserted to make this section

applicable to the many provisions of the United States Code for

fines essentially civil. (See reviser's note under section 1355 of

this title.)

Provisions of section 3745(c) of title 26, U.S.C., 1940 ed., that

such suit may be brought "before any other court of competent

jurisdiction" were omitted as misleading surplusage, since United

States district courts, under section 1355 of this title, have

exclusive jurisdiction.

Subsection (d) was added for completeness and clarity.

Changes were made in phraseology.

SENATE REVISION AMENDMENT

While section 3745(c) of Title 26, U.S.C., Internal Revenue Code,

is one of the sources of this section, it was eliminated from the

schedule of repeals by Senate amendment. Therefore, such section

3745(c) remains in Title 26. See 80th Congress Senate Report No.

1559.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1355 of this title; title

18 sections 981, 2254; title 21 section 881; title 26 section 7410.

-End-

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28 USC Sec. 1396 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 87 - DISTRICT COURTS; VENUE

-HEAD-

Sec. 1396. Internal revenue taxes

-STATUTE-

Any civil action for the collection of internal revenue taxes may

be brought in the district where the liability for such tax

accrues, in the district of the taxpayer's residence, or in the

district where the return was filed.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 936.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 105, and section 3744

of title 26, U.S.C., 1940 ed., Internal Revenue Code (Mar. 3, 1911,

ch. 231, Sec. 44, 36 Stat. 1100; Feb. 10, 1939, ch. 2, Sec. 3744,

53 Stat. 460).

Section consolidates section 3744 of title 26, U.S.C., 1940 ed.,

Internal Revenue Code, with section 105 of title 28, U.S.C., 1940

ed.

Words "or in the district where the return was filed" are new.

This extension of venue will permit of an action in a district

easily determinable for collection of revenue earned in several

districts, or States, but the return for which is filed with one

collector.

Changes were made in phraseology.

SENATE REVISION AMENDMENT

While section 3744 of Title 26, U.S.C., Internal Revenue Code

[1939], is one of the sources of this section, it was eliminated

from the schedule of repeals by Senate amendment. Therefore, it

remains in Title 26 [I.R.C. 1939]. See 80th Congress Senate Report

No. 1559.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 7410.

-End-

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28 USC Sec. 1397 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 87 - DISTRICT COURTS; VENUE

-HEAD-

Sec. 1397. Interpleader

-STATUTE-

Any civil action of interpleader or in the nature of interpleader

under section 1335 of this title may be brought in the judicial

district in which one or more of the claimants reside.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 936.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 41(26) (Mar. 3, 1911,

ch. 231, Sec. 24, par. 26, as added Jan. 20, 1936, ch. 13, Sec. 1,

49 Stat. 1096).

Provisions of section 41(26) of title 28, U.S.C., 1940 ed.,

relating to jurisdiction are the basis of section 1335 of this

title and other provisions thereof are incorporated in section 2361

of this title.

Words "civil action" were substituted for "suit," in view of Rule

2 of the Federal Rules of Civil Procedure.

Changes were made in phraseology.

-End-

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28 USC Sec. 1398 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 87 - DISTRICT COURTS; VENUE

-HEAD-

Sec. 1398. Interstate Commerce Commission's orders

-STATUTE-

(a) Except as otherwise provided by law, a civil action brought

under section 1336(a) of this title shall be brought only in a

judicial district in which any of the parties bringing the action

resides or has its principal office.

(b) A civil action to enforce, enjoin, set aside, annul, or

suspend, in whole or in part, an order of the Interstate Commerce

Commission made pursuant to the referral of a question or issue by

a district court or by the United States Court of Federal Claims,

shall be brought only in the court which referred the question or

issue.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 936; Pub. L. 88-513, Sec. 2, Aug.

30, 1964, 78 Stat. 695; Pub. L. 93-584, Sec. 2, Jan. 2, 1975, 88

Stat. 1917; Pub. L. 97-164, title I, Sec. 130, Apr. 2, 1982, 96

Stat. 39; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992,

106 Stat. 4516.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 43 (Oct. 22, 1913, ch.

32, 38 Stat. 219).

This section is completely rewritten to give effect to changes

recommended by the Judicial Conference of the United States.

Section 43 of title 28, U.S.C., 1940 ed., is as follows:

"Sec. 43. Venue of suits relating to orders of Interstate

Commerce Commission.

"The venue of any suit brought to enforce, suspend, or set aside,

in whole or in part, any order of the Interstate Commerce

Commission shall be in the judicial district wherein is the

residence of the party or any of the parties upon whose petition

the order was made, except that where the order does not relate to

transportation or is not made upon the petition of any party the

venue shall be in the district where the matter complained of in

the petition before the commission arises, and except that where

the order does not relate either to transportation or to a matter

so complained of before the commission the matter covered by the

order shall be deemed to arise in the district where one of the

petitioners in court has either its principal office or its

principal operating office. In case such transportation relates to

a through shipment the term 'destination' shall be construed as

meaning final destination of such shipment." The amendment of

section 207 of title 28, U.S.C., 1940 ed., proposed by the Judicial

Conference is:

"Except as otherwise provided in the Act entitled 'An Act to

Regulate Commerce', approved February 4, 1887, as amended, the

venue of any suit brought to enforce, suspend, or set aside, in

whole or in part, any order of the Interstate Commerce Commission

shall be in the judicial district wherein is the residence of the

party or any of the parties bringing the suit or wherein such party

or any of such parties has its principal office."

The revised section substitutes the words "Except as otherwise

provided by law" for the words of the conference bill, "in the act

entitled 'An Act to Regulate Commerce, approved February 4, 1887,

as amended' ". (See section 16 of title 49, U.S.C., 1940 ed., which

provides for jurisdiction and venue of actions to enforce

Interstate Commerce Commission orders for the payment of money.)

AMENDMENTS

1992 - Subsec. (b). Pub. L. 102-572 substituted "United States

Court of Federal Claims" for "United States Claims Court".

1982 - Subsec. (b). Pub. L. 97-164 substituted "United States

Claims Court" for "Court of Claims".

1975 - Subsec. (a). Pub. L. 93-584 substituted provisions that

civil actions under section 1336(a) of this title shall be brought

only in a judicial district in which any of the parties bringing

the action resides or has its principal office, for provisions that

civil actions to enforce, suspend, or set aside in whole or in part

orders of the Interstate Commerce Commission shall be brought in

such judicial district.

1964 - Pub. L. 88-513 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of this

title.

EFFECTIVE DATE OF 1982 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 section 171 of this

title.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 93-584 not applicable to actions commenced

on or before last day of first month beginning after Jan. 2, 1975,

and actions to enjoin or suspend orders of Interstate Commerce

Commission which are pending when this amendment becomes effective

shall not be affected thereby, but shall proceed to final

disposition under the law existing on the date they were commenced,

see section 10 of Pub. L. 93-584, set out as a note under section

2321 of this title.

-TRANS-

ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF

FUNCTIONS

Interstate Commerce Commission abolished and functions of

Commission transferred, except as otherwise provided in Pub. L.

104-88, to Surface Transportation Board effective Jan. 1, 1996, by

section 702 of Title 49, Transportation, and section 101 of Pub. L.

104-88, set out as a note under section 701 of Title 49. References

to Interstate Commerce Commission deemed to refer to Surface

Transportation Board, a member or employee of the Board, or

Secretary of Transportation, as appropriate, see section 205 of

Pub. L. 104-88, set out as a note under section 701 of Title 49.

-End-

-CITE-

28 USC Sec. 1399 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 87 - DISTRICT COURTS; VENUE

-HEAD-

Sec. 1399. Partition action involving United States

-STATUTE-

Any civil action by any tenant in common or joint tenant for the

partition of lands, where the United States is one of the tenants

in common or joint tenants, may be brought only in the judicial

district where such lands are located or, if located in different

districts in the same State, in any of such districts.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 936.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 41(25) (Mar. 3, 1911,

ch. 231, Sec. 24, par. 25, 36 Stat. 1094).

Provisions of section 41(25) of title 28, U.S.C., 1940 ed.,

relating to jurisdiction are the basis of section 1347 of this

title.

Words "civil action" were substituted for "suits in equity," in

view of Rule 2 of the Federal Rules of Civil Procedure.

Provision with respect to property in different districts was

added to conform with section 1392 of this title.

Changes were made in phraseology.

-End-

-CITE-

28 USC Sec. 1400 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 87 - DISTRICT COURTS; VENUE

-HEAD-

Sec. 1400. Patents and copyrights, mask works, and designs

-STATUTE-

(a) Civil actions, suits, or proceedings arising under any Act of

Congress relating to copyrights or exclusive rights in mask works

or designs may be instituted in the district in which the defendant

or his agent resides or may be found.

(b) Any civil action for patent infringement may be brought in

the judicial district where the defendant resides, or where the

defendant has committed acts of infringement and has a regular and

established place of business.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 936; Pub. L. 100-702, title X,

Sec. 1020(a)(5), Nov. 19, 1988, 102 Stat. 4671; Pub. L. 105-304,

title V, Sec. 503(c)(1), (2), Oct. 28, 1998, 112 Stat. 2917; Pub.

L. 106-44, Sec. 2(a), Aug. 5, 1999, 113 Stat. 223.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 109, and section 35 of

title 17, U.S.C., 1940 ed., Copyrights (Mar. 4, 1909, ch. 320, Sec.

35, 35 Stat. 1084; Mar. 3, 1911, ch. 231, Sec. 48, 36 Stat. 1100).

Section consolidates section 35 of title 17, U.S.C., 1940 ed.,

with part of section 109 of title 28, U.S.C., 1940 ed., with

necessary changes in phraseology.

Subsection (b) is based on section 109 of title 28, U.S.C., 1940

ed., with the following changes:

Words "civil action" were substituted for "suit," and words "in

law or in equity," after "shall have jurisdiction" were deleted, in

view of Rule 2 of the Federal Rules of Civil Procedure.

Words in subsection (b) "where the defendant resides" were

substituted for "of which the defendant is an inhabitant." A

corresponding change was made in subsection (a). Words "inhabitant"

and "resident," as respects venue, are synonymous. (See reviser's

note under section 1391 of this title.)

Words "whether a person, partnership, or corporation" before "has

committed" were omitted as surplusage.

The provisions of section 109 of title 28, U.S.C., 1940 ed.,

relating to process are incorporated in section 1694 of this title.

Jurisdiction and venue of patent suits against residents of

foreign countries or persons residing in plurality of districts,

see section 72a of title 35, U.S.C., 1940 ed., Patents.

SENATE REVISION AMENDMENT

Title 17 of the United States Code was enacted into positive law

by act July 30, 1947, ch. 391, 61 Stat. 652, and, in such

enactment, section 35 of the prior title became section 111 of the

new title, and all Acts from which sections of the prior title had

been derived, were repealed. Therefore, this paragraph should read:

"Based on Title 28, U.S.C., 1940 ed., Sec. 109 (Mar. 3, 1911, ch.

231, Sec. 48, 36 Stat. 1100), and section 111 of Title 17, U.S.C.,

1946 ed., Copyrights." By Senate amendment, section 111 of Title 17

U.S.C., is included in the schedule of repeals. See 80th Congress

Senate Report No. 1559.

AMENDMENTS

1999 - Pub. L. 106-44 amended section catchline generally so as

to read "Patents and copyrights, mask works, and designs".

1998 - Pub. L. 105-304, Sec. 503(c)(2), amended section catchline

generally, substituting "Patents and copyrights, mask works, and

designs" for "Patents and copyrights".

Subsec. (a). Pub. L. 105-304, Sec. 503(c)(1), inserted "or

designs" after "mask works".

1988 - Subsec. (a). Pub. L. 100-702 inserted "or exclusive rights

in mask works" after "copyrights".

-End-

-CITE-

28 USC Sec. 1401 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 87 - DISTRICT COURTS; VENUE

-HEAD-

Sec. 1401. Stockholder's derivative action

-STATUTE-

Any civil action by a stockholder on behalf of his corporation

may be prosecuted in any judicial district where the corporation

might have sued the same defendants.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 936.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 112 (part) (Mar. 3,

1911, ch. 231, Sec. 51, 36 Stat. 1101; Sept. 19, 1922, ch. 345, 42

Stat. 849; Mar. 4, 1925, ch. 526, Sec. 1, 43 Stat. 1264; Apr. 16,

1936, ch. 230, 49 Stat. 1213).

For disposition of other provisions of section 112 of title 28,

U.S.C., 1940 ed., see reviser's note under section 1391 of this

title.

Words "civil action" were substituted for "suit," in view of Rule

2 of the Federal Rules of Civil Procedure.

Words "other than said corporation," after "same defendants,"

were omitted as superfluous. Obviously a corporation would not be

suing itself.

Changes were made in phraseology.

-End-

-CITE-

28 USC Sec. 1402 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 87 - DISTRICT COURTS; VENUE

-HEAD-

Sec. 1402. United States as defendant

-STATUTE-

(a) Any civil action in a district court against the United

States under subsection (a) of section 1346 of this title may be

prosecuted only:

(1) Except as provided in paragraph (2), in the judicial district

where the plaintiff resides;

(2) In the case of a civil action by a corporation under

paragraph (1) of subsection (a) of section 1346, in the judicial

district in which is located the principal place of business or

principal office or agency of the corporation; or if it has no

principal place of business or principal office or agency in any

judicial district (A) in the judicial district in which is located

the office to which was made the return of the tax in respect of

which the claim is made, or (B) if no return was made, in the

judicial district in which lies the District of Columbia.

Notwithstanding the foregoing provisions of this paragraph a

district court, for the convenience of the parties and witnesses,

in the interest of justice, may transfer any such action to any

other district or division.

(b) Any civil action on a tort claim against the United States

under subsection (b) of section 1346 of this title may be

prosecuted only in the judicial district where the plaintiff

resides or wherein the act or omission complained of occurred.

(c) Any civil action against the United States under subsection

(e) of section 1346 of this title may be prosecuted only in the

judicial district where the property is situated at the time of

levy, or if no levy is made, in the judicial district in which the

event occurred which gave rise to the cause of action.

(d) Any civil action under section 2409a to quiet title to an

estate or interest in real property in which an interest is claimed

by the United States shall be brought in the district court of the

district where the property is located or, if located in different

districts, in any of such districts.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 937; Pub. L. 85-920, Sept. 2,

1958, 72 Stat. 1770; Pub. L. 89-719, title II, Sec. 202(b), Nov. 2,

1966, 80 Stat. 1149; Pub. L. 92-562, Sec. 2, Oct. 25, 1972, 86

Stat. 1176; Pub. L. 97-164, title I, Sec. 131, Apr. 2, 1982, 96

Stat. 39.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 762, 931(a) (Mar. 3,

1887, ch. 359, Sec. 5, 24 Stat. 506; Aug. 2, 1946, ch. 753, Sec.

410(a), 60 Stat. 843).

Section consolidates the venue provisions of section 762 of title

28, U.S.C., 1940 ed., with the venue provisions of section 931(a)

of such title, the latter provisions relating to tort claims cases.

The jurisdictional provisions of such section 931(a) are

incorporated in section 1346(b) of this title. For other provisions

thereof, see Distribution Table.

Provisions of section 762 of title 28, U.S.C., 1940 ed., relating

to the verification and contents of a petition filed against the

United States were omitted as unnecessary. Section 265 of title 28,

U.S.C., 1940 ed., relative to the petition in cases filed in the

Court of Claims was also omitted from the revised title. (See,

also, Rule 11 of the Federal Rules of Civil Procedure.)

Words "civil action" were substituted for "suit" in view of Rule

2 of the Federal Rules of Civil Procedure.

Changes were made in phraseology.

AMENDMENTS

1982 - Subsec. (a). Pub. L. 97-164 inserted "in a district court"

after "civil action" in introductory provisions preceding par. (1).

The phrase "civil action" also appeared in par. (2), but no change

was made to reflect the probable intent of Congress as indicated on

page 79 of House Report No. 97-312.

1972 - Subsec. (d). Pub. L. 92-562 added subsec. (d).

1966 - Subsec. (c). Pub. L. 89-719 added subsec. (c).

1958 - Subsec. (a). Pub. L. 85-920 provided for venue and change

of venue in tax refund suits by corporation.

EFFECTIVE DATE OF 1982 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 section 171 of this

title.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-719 applicable after Nov. 2, 1966, see

section 203 of Pub. L. 89-719, set out as a note under section 1346

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 7429.

-End-

-CITE-

28 USC Sec. 1403 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 87 - DISTRICT COURTS; VENUE

-HEAD-

Sec. 1403. Eminent domain

-STATUTE-

Proceedings to condemn real estate for the use of the United

States or its departments or agencies shall be brought in the

district court of the district where the land is located or, if

located in different districts in the same State, in any of such

districts.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 937.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 257 of title 40, U.S.C., 1940 ed., Public

Buildings, Property, and Works (Aug. 1, 1888, ch. 728, Sec. 1, 25

Stat. 357; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167).

Section constitutes the first clause of the second sentence of

section 257, of title 40, U.S.C., 1940 ed. The revised section is

expressive of the purpose of such section 257 with necessary

changes in phraseology.

The jurisdiction provision of section 257 of title 40, U.S.C.,

1940 ed., is incorporated in section 1358 of this title.

The remainder of section 257 of title 40, U.S.C., 1940 ed., is

retained in said title 40.

Provision with respect to property in different districts was

added to conform with section 1392 of this title.

See, also, section 1392 of this title which fixes venue of an

action involving property in different districts in the same State.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 79c; title 42

section 2222.

-End-

-CITE-

28 USC Sec. 1404 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 87 - DISTRICT COURTS; VENUE

-HEAD-

Sec. 1404. Change of venue

-STATUTE-

(a) For the convenience of parties and witnesses, in the interest

of justice, a district court may transfer any civil action to any

other district or division where it might have been brought.

(b) Upon motion, consent or stipulation of all parties, any

action, suit or proceeding of a civil nature or any motion or

hearing thereof, may be transferred, in the discretion of the

court, from the division in which pending to any other division in

the same district. Transfer of proceedings in rem brought by or on

behalf of the United States may be transferred under this section

without the consent of the United States where all other parties

request transfer.

(c) A district court may order any civil action to be tried at

any place within the division in which it is pending.

(d) As used in this section, the term "district court" includes

the District Court of Guam, the District Court for the Northern

Mariana Islands, and the District Court of the Virgin Islands, and

the term "district" includes the territorial jurisdiction of each

such court.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 937; Pub. L. 87-845, Sec. 9, Oct.

18, 1962, 76A Stat. 699; Pub. L. 104-317, title VI, Sec. 610(a),

Oct. 19, 1996, 110 Stat. 3860.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 119, 163 (Mar. 3,

1911, ch. 231, Sec. 58, 36 Stat. 1103; Sept. 8, 1916, ch. 475, Sec.

5, 39 Stat. 851).

Section consolidates sections 119 and 163 of title 28, U.S.C.,

1940 ed., with necessary changes in phraseology and substance.

Section 119 of title 28, U.S.C., 1940 ed., related only to

transfer of cases from one division to another on stipulation of

the parties.

Subsection (a) was drafted in accordance with the doctrine of

forum non conveniens, permitting transfer to a more convenient

forum, even though the venue is proper. As an example of the need

of such a provision, see Baltimore & Ohio R. Co. v. Kepner, 1941,

62 S.Ct. 6, 314 U.S. 44, 86 L.Ed. 28, which was prosecuted under

the Federal Employer's Liability Act in New York, although the

accident occurred and the employee resided in Ohio. The new

subsection requires the court to determine that the transfer is

necessary for convenience of the parties and witnesses, and

further, that it is in the interest of justice to do so.

Sections 143, 172, 177, and 181 of title 28, U.S.C., 1940 ed.,

relating to the district courts of Arizona, Montana, New Mexico,

and Ohio, contained special provisions similar to subsection (b),

applicable to those States. To establish uniformity, the general

language of such subsection has been drafted and the special

provisions of those sections omitted.

Subsection (b) is based upon section 163 of title 28, U.S.C.,

1940 ed., which applied only to the district of Maine. This revised

subsection extends to all judicial districts and permits transfer

of cases between divisions. Criminal cases may be transferred

pursuant to Rules 19-21 of the new Federal Rules of Criminal

Procedure, and the criminal provisions of said section 163 are

therefore omitted.

AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-317 amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: "As

used in this section, 'district court' includes the United States

District Court for the District of the Canal Zone; and 'district'

includes the territorial jurisdiction of that court."

1962 - Subsec. (d). Pub. L. 87-845 added subsec. (d).

EFFECTIVE DATE OF 1996 AMENDMENT

Section 610(c) of Pub. L. 104-317 provided that: "The amendments

made by this section [amending this section and section 1406 of

this title] apply to cases pending on the date of the enactment of

this Act [Oct. 19, 1996] and to cases commenced on or after such

date."

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment by Pub. L. 87-845 effective Jan. 2, 1963, see section

25 of Pub. L. 87-845, set out as a note under section 414 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1407 of this title; title

42 section 2000e-5; title 47 section 325.

-End-

-CITE-

28 USC Sec. 1405 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 87 - DISTRICT COURTS; VENUE

-HEAD-

Sec. 1405. Creation or alteration of district or division

-STATUTE-

Actions or proceedings pending at the time of the creation of a

new district or division or transfer of a county or territory from

one division or district to another may be tried in the district or

division as it existed at the institution of the action or

proceeding, or in the district or division so created or to which

the county or territory is so transferred as the parties shall

agree or the court direct.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 937.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 121 (Mar. 3, 1911, ch.

231, Sec. 59, 36 Stat. 1103).

Enforcement of liens in like circumstances is provided by section

1656 of this title.

Remainder of section 121 of title 28, U.S.C., 1940 ed., is

incorporated in section 3240 of revised title 18, Crimes and

Criminal Procedure (H.R. 1600, 80th Cong.).

Changes were made in phraseology.

-End-

-CITE-

28 USC Sec. 1406 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 87 - DISTRICT COURTS; VENUE

-HEAD-

Sec. 1406. Cure or waiver of defects

-STATUTE-

(a) The district court of a district in which is filed a case

laying venue in the wrong division or district shall dismiss, or if

it be in the interest of justice, transfer such case to any

district or division in which it could have been brought.

(b) Nothing in this chapter shall impair the jurisdiction of a

district court of any matter involving a party who does not

interpose timely and sufficient objection to the venue.

(c) As used in this section, the term "district court" includes

the District Court of Guam, the District Court for the Northern

Mariana Islands, and the District Court of the Virgin Islands, and

the term "district" includes the territorial jurisdiction of each

such court.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 937; May 24, 1949, ch. 139, Sec.

81, 63 Stat. 101; Pub. L. 86-770, Sec. 1, Sept. 13, 1960, 74 Stat.

912; Pub. L. 87-845, Sec. 10, Oct. 18, 1962, 76A Stat. 699; Pub. L.

97-164, title I, Sec. 132, Apr. 2, 1982, 96 Stat. 39; Pub. L.

104-317, title VI, Sec. 610(b), Oct. 19, 1996, 110 Stat. 3860.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Subsection (a) provides statutory sanction for transfer instead

of dismissal, where venue is improperly laid.

Subsection (b) is declaratory of existing law. (See Panama R.R.

Co. v. Johnson, 1924, 44 S.Ct. 391, 264 U.S. 375, 68 L.Ed. 748.) It

makes clear the intent of Congress that venue provisions are not

jurisdictional but may be waived.

1949 ACT

This section removes an ambiguity in section 1406(a) of title 28,

U.S.C., by substituting "may" for "shall", thus making it clear

that the court may decline to transfer a case brought in the wrong

district under circumstances where it would not be in the interest

of justice to make such transfer.

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-317 amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "As

used in this section, 'district court' includes the United States

District Court for the District of the Canal Zone; and 'district'

includes the territorial jurisdiction of that court."

1982 - Subsecs. (c), (d). Pub. L. 97-164 redesignated subsec. (d)

as (c). Former subsec. (c), which provided that if a case within

the exclusive jurisdiction of the Court of Claims were filed in a

district court, the district court, if it were in the interest of

justice, was required to transfer the case to the Court of Claims

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 district court, was

struck out.

1962 - Subsec. (d). Pub. L. 87-845 added subsec. (d).

1960 - Subsec. (c). Pub. L. 86-770 added subsec. (c).

1949 - Subsec. (a). Act May 24, 1949, inserted "dismiss, or if it

be in the interest of justice".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-317 applicable to cases pending on Oct.

19, 1996, and to cases commenced on or after such date, see section

610(c) of Pub. L. 104-317, set out as a note under section 1404 of

this title.

EFFECTIVE DATE OF 1982 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 section 171 of this

title.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment by Pub. L. 87-845 effective Jan. 2, 1962, see section

25 of Pub. L. 87-845, set out as a note under section 414 of this

title.

EFFECTIVE DATE OF 1960 AMENDMENT

Section 4 of Pub. L. 86-770 provided in part that: "The

amendments made by sections 1 and 2 of this Act [adding subsec. (c)

of this section and section 1506 of this title] shall apply to any

case or proceeding pending on, or brought after, the date of

enactment of this Act [Sept. 13, 1960] in the district courts or

the Court of Claims."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 2000e-5.

-End-

-CITE-

28 USC Sec. 1407 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 87 - DISTRICT COURTS; VENUE

-HEAD-

Sec. 1407. Multidistrict litigation

-STATUTE-

(a) When civil actions involving one or more common questions of

fact are pending in different districts, such actions may be

transferred to any district for coordinated or consolidated

pretrial proceedings. Such transfers shall be made by the judicial

panel on multidistrict litigation authorized by this section upon

its determination that transfers for such proceedings will be for

the convenience of parties and witnesses and will promote the just

and efficient conduct of such actions. Each action so transferred

shall be remanded by the panel at or before the conclusion of such

pretrial proceedings to the district from which it was transferred

unless it shall have been previously terminated: Provided, however,

That the panel may separate any claim, cross-claim, counter-claim,

or third-party claim and remand any of such claims before the

remainder of the action is remanded.

(b) Such coordinated or consolidated pretrial proceedings shall

be conducted by a judge or judges to whom such actions are assigned

by the judicial panel on multidistrict litigation. For this

purpose, upon request of the panel, a circuit judge or a district

judge may be designated and assigned temporarily for service in the

transferee district by the Chief Justice of the United States or

the chief judge of the circuit, as may be required, in accordance

with the provisions of chapter 13 of this title. With the consent

of the transferee district court, such actions may be assigned by

the panel to a judge or judges of such district. The judge or

judges to whom such actions are assigned, the members of the

judicial panel on multidistrict litigation, and other circuit and

district judges designated when needed by the panel may exercise

the powers of a district judge in any district for the purpose of

conducting pretrial depositions in such coordinated or consolidated

pretrial proceedings.

(c) Proceedings for the transfer of an action under this section

may be initiated by -

(i) the judicial panel on multidistrict litigation upon its own

initiative, or

(ii) motion filed with the panel by a party in any action in

which transfer for coordinated or consolidated pretrial

proceedings under this section may be appropriate. A copy of such

motion shall be filed in the district court in which the moving

party's action is pending.

The panel shall give notice to the parties in all actions in

which transfers for coordinated or consolidated pretrial

proceedings are contemplated, and such notice shall specify the

time and place of any hearing to determine whether such transfer

shall be made. Orders of the panel to set a hearing and other

orders of the panel issued prior to the order either directing or

denying transfer shall be filed in the office of the clerk of the

district court in which a transfer hearing is to be or has been

held. The panel's order of transfer shall be based upon a record of

such hearing at which material evidence may be offered by any party

to an action pending in any district that would be affected by the

proceedings under this section, and shall be supported by findings

of fact and conclusions of law based upon such record. Orders of

transfer and such other orders as the panel may make thereafter

shall be filed in the office of the clerk of the district court of

the transferee district and shall be effective when thus filed. The

clerk of the transferee district court shall forthwith transmit a

certified copy of the panel's order to transfer to the clerk of the

district court from which the action is being transferred. An order

denying transfer shall be filed in each district wherein there is a

case pending in which the motion for transfer has been made.

(d) The judicial panel on multidistrict litigation shall consist

of seven circuit and district judges designated from time to time

by the Chief Justice of the United States, no two of whom shall be

from the same circuit. The concurrence of four members shall be

necessary to any action by the panel.

(e) No proceedings for review of any order of the panel may be

permitted except by extraordinary writ pursuant to the provisions

of title 28, section 1651, United States Code. Petitions for an

extraordinary writ to review an order of the panel to set a

transfer hearing and other orders of the panel issued prior to the

order either directing or denying transfer shall be filed only in

the court of appeals having jurisdiction over the district in which

a hearing is to be or has been held. Petitions for an extraordinary

writ to review an order to transfer or orders subsequent to

transfer shall be filed only in the court of appeals having

jurisdiction over the transferee district. There shall be no appeal

or review of an order of the panel denying a motion to transfer for

consolidated or coordinated proceedings.

(f) The panel may prescribe rules for the conduct of its business

not inconsistent with Acts of Congress and the Federal Rules of

Civil Procedure.

(g) Nothing in this section shall apply to any action in which

the United States is a complainant arising under the antitrust

laws. "Antitrust laws" as used herein include those acts referred

to in the Act of October 15, 1914, as amended (38 Stat. 730; 15

U.S.C. 12), and also include the Act of June 19, 1936 (49 Stat.

1526; 15 U.S.C. 13, 13a, and 13b) and the Act of September 26,

1914, as added March 21, 1938 (52 Stat. 116, 117; 15 U.S.C. 56);

but shall not include section 4A of the Act of October 15, 1914, as

added July 7, 1955 (69 Stat. 282; 15 U.S.C. 15a).

(h) Notwithstanding the provisions of section 1404 or subsection

(f) of this section, the judicial panel on multidistrict litigation

may consolidate and transfer with or without the consent of the

parties, for both pretrial purposes and for trial, any action

brought under section 4C of the Clayton Act.

-SOURCE-

(Added Pub. L. 90-296, Sec. 1, Apr. 29, 1968, 82 Stat. 109; amended

Pub. L. 94-435, title III, Sec. 303, Sept. 30, 1976, 90 Stat.

1396.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsec. (f),

are set out in the Appendix to this title.

Section 4C of the Clayton Act, referred to in subsec. (h), is

section 4C of act Oct. 15, 1914, ch. 323, as added by Pub. L.

94-435, title III, Sec. 301, Sept. 30, 1976, 90 Stat. 1394, which

is classified to section 15c of Title 15, Commerce and Trade.

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-435 added subsec. (h).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2112 of this title; title

15 section 78u; title 45 section 719.

-MISC2-

RULES OF PROCEDURE OF THE JUDICIAL PANEL ON MULTIDISTRICT

LITIGATION

(ADOPTED FEBRUARY 26, 1981, EFFECTIVE JUNE 1, 1981, AS AMENDED TO

APRIL 2, 2001)

I. GENERAL RULES/RULES FOR MULTIDISTRICT LITIGATION UNDER 28 U.S.C.

SEC. 1407

Rule

1.1: Definitions.

1.2: Practice.

1.3: Failure to Comply with Rules.

1.4: Admission to Practice Before the Panel and

Representation in Transferred Actions.

1.5: Effect of the Pendency of an Action Before the Panel.

1.6: Transfer of Files.

5.1: Keeping Records and Files.

5.11: Place of Filing of Papers.

5.12: Manner of Filing of Papers.

5.13: Filing of Papers: Computer Generated Disk Required.

5.2: Service of Papers Filed.

5.3: Corporate Disclosure Statement.

6.2: Applications for Extensions of Time.

7.1: Form of Papers Filed.

7.2: Motion Practice.

7.3: Show Cause Orders.

7.4: Conditional Transfer Orders for "Tag-Along Actions".

7.5: Miscellaneous Provisions Concerning "Tag-Along

Actions".

7.6: Termination and Remand.

16.1: Hearing Sessions and Oral Argument.

II. RULES FOR MULTICIRCUIT PETITIONS FOR REVIEW UNDER 28 U.S.C.

SEC. 2112(A)(3)

17.1: Random Selection.

25.1: Filing of Notices.

25.2: Accompaniments to Notices.

25.3: Service of Notices.

25.4: Form of Notices.

25.5: Service of Panel Consolidation Order.

I. GENERAL RULES/RULES FOR MULTIDISTRICT LITIGATION UNDER 28 U.S.C.

SEC. 1407

RULE 1.1: DEFINITIONS

As used in these Rules "Panel" means the members of the Judicial

Panel on Multidistrict Litigation appointed by the Chief Justice of

the United States pursuant to Section 1407, Title 28, United States

Code.

"Clerk of the Panel" means the official appointed by the Panel to

act as Clerk of the Panel and shall include those deputized by the

Clerk of the Panel to perform or assist in the performance of the

duties of the Clerk of the Panel.

"Chairman" means the Chairman of the Judicial Panel on

Multidistrict Litigation appointed by the Chief Justice of the

United States pursuant to Section 1407, or the member of the Panel

designated by the Panel to act as Chairman in the absence or

inability of the appointed Chairman.

A "tag-along action" refers to a civil action pending in a

district court and involving common questions of fact with actions

previously transferred under Section 1407.

(As amended June 14, 1988, eff. July 6, 1988; Sept. 1, 1998, eff.

Nov. 2, 1998.)

RULE 1.2: PRACTICE

Where not fixed by statute or rule, the practice shall be that

heretofore customarily followed by the Panel.

(As amended June 14, 1988, eff. July 6, 1988; Sept. 1, 1998, eff.

Nov. 2, 1998.)

RULE 1.3: FAILURE TO COMPLY WITH RULES

The Clerk of the Panel may, when a paper submitted for filing is

not in compliance with the provisions of these Rules, advise

counsel of the deficiencies and a date for full compliance. If full

compliance is not accomplished within the established time, the

non-complying paper shall nonetheless be filed by the Clerk of the

Panel but it may be stricken by order of the Chairman of the Panel.

(As amended June 14, 1988, eff. July 6, 1988; May 3, 1993, eff.

July 1, 1993; Sept. 1, 1998, eff. Nov. 2, 1998.)

RULE 1.4: ADMISSION TO PRACTICE BEFORE THE PANEL AND REPRESENTATION

IN TRANSFERRED ACTIONS

Every member in good standing of the Bar of any district court of

the United States is entitled without condition to practice before

the Judicial Panel on Multidistrict Litigation. Any attorney of

record in any action transferred under Section 1407 may continue to

represent his or her client in any district court of the United

States to which such action is transferred. Parties to any action

transferred under Section 1407 are not required to obtain local

counsel in the district to which such action is transferred.

(As amended June 14, 1988, eff. July 6, 1988; Sept. 1, 1998, eff.

Nov. 2, 1998.)

RULE 1.5: EFFECT OF THE PENDENCY OF AN ACTION BEFORE THE PANEL

The pendency of a motion, order to show cause, conditional

transfer order or conditional remand order before the Panel

concerning transfer or remand of an action pursuant to 28 U.S.C.

Sec. 1407 does not affect or suspend orders and pretrial

proceedings in the district court in which the action is pending

and does not in any way limit the pretrial jurisdiction of that

court. A transfer or remand pursuant to 28 U.S.C. Sec. 1407 shall

be effective when the transfer or remand order is filed in the

office of the clerk of the district court of the transferee

district.

(As amended June 14, 1988, eff. July 6, 1988; Sept. 1, 1998, eff.

Nov. 2, 1998.)

RULE 1.6: TRANSFER OF FILES

(a) Upon receipt of a certified copy of a transfer order from the

clerk of the transferee district court, the clerk of the transferor

district court shall forward to the clerk of the transferee

district court the complete original file and a certified copy of

the docket sheet for each transferred action.

(b) If an appeal is pending, or a notice of appeal has been

filed, or leave to appeal has been sought under 28 U.S.C. Sec.

1292(b) or a petition for an extraordinary writ is pending, in any

action included in an order of transfer under 28 U.S.C. Sec. 1407,

and the original file or parts thereof have been forwarded to the

court of appeals, the clerk of the transferor district court shall

notify the clerk of the court of appeals of the order of transfer

and secure the original file long enough to prepare and transmit to

the clerk of the transferee district court a certified copy of all

papers contained in the original file and a certified copy of the

docket sheet.

(c) If the transfer order provides for the separation and

simultaneous remand of any claim, cross-claim, counterclaim, or

third-party claim, the clerk of the transferor district court shall

retain the original file and shall prepare and transmit to the

clerk of the transferee district court a certified copy of the

docket sheet and copies of all papers except those relating

exclusively to separated and remanded claims.

(d) Upon receipt of an order to remand from the Clerk of the

Panel, the transferee district court shall prepare and send to the

clerk of the transferor district court the following:

(i) a certified copy of the individual docket sheet for each

action being remanded;

(ii) a certified copy of the master docket sheet, if

applicable;

(iii) the entire file for each action being remanded, as

originally received from the transferor district court and

augmented as set out in this rule;

(iv) a certified copy of the final pretrial order, if

applicable; and

(v) a "record on remand" to be composed of those parts of the

files and records produced during coordinated or consolidated

pretrial proceedings which have been stipulated to or designated

by counsel as being necessary for any or all proceedings to be

conducted following remand. It shall be the responsibility of

counsel originally preparing or filing any document to be

included in the "record on remand" to furnish on request

sufficient copies to the clerk of the transferee district court.

(e) The Clerk of the Panel shall be notified when any files have

been transmitted pursuant to this Rule.

(Added June 14, 1988, eff. July 6, 1988; amended Sept. 1, 1998,

eff. Nov. 2, 1998.)

RULE 5.1: KEEPING RECORDS AND FILES

(a) The records and files of the Panel shall be kept by the Clerk

of the Panel at the offices of the Panel. Records and files may be

temporarily or permanently removed to such places at such times as

the Panel or the Chairman of the Panel shall direct. The Clerk of

the Panel may charge fees, as prescribed by the Judicial Conference

of the United States, for duplicating records and files. Records

and files may be transferred whenever appropriate to the Federal

Records Center.

(b) In order to assist the Panel in carrying out its functions,

the Clerk of the Panel shall obtain the complaints and docket

sheets in all actions under consideration for transfer under 28

U.S.C. Sec. 1407 from the clerk of each district court wherein such

actions are pending. The Clerk of the Panel shall similarly obtain

any other pleadings and orders that could affect the Panel's

decision under 28 U.S.C. Sec. 1407.

(As amended June 14, 1988, eff. July 6, 1988; May 3, 1993, eff.

July 1, 1993; Sept. 1, 1998, eff. Nov. 2, 1998.)

RULE 5.11: PLACE OF FILING OF PAPERS

All papers for consideration by the Panel shall be submitted for

filing to the Clerk of the Panel by mailing or delivering to:

Clerk of the Panel

Judicial Panel on Multidistrict Litigation

Thurgood Marshall Federal Judiciary Building

One Columbus Circle, N.E., Room G-255, North Lobby

Washington, D.C. 20002-8004

No papers shall be left with or mailed to a Judge of the Panel.

(As amended June 14, 1988, eff. July 6, 1988; May 3, 1993, eff.

July 1, 1993; Sept. 1, 1998, eff. Nov. 2, 1998.)

RULE 5.12: MANNER OF FILING OF PAPERS

(a) An original of the following papers shall be submitted for

filing to the Clerk of the Panel: a proof of service pursuant to

Rule 5.2(a) and (b) of these Rules, a notice of appearance pursuant

to Rule 5.2(c) and (d) of these Rules, a corporate disclosure

statement pursuant to Rule 5.3 of these Rules, a status notice

pursuant to Rules 7.2(f), 7.3(e) and 7.4(b) of these Rules, a

notice of opposition pursuant to Rules 7.4(c) and 7.6(f)(ii) of

these Rules, a notice of related action pursuant to Rules 7.2(i),

7.3(a) and 7.5(e) of these Rules, an application for extension of

time pursuant to Rule 6.2 of these Rules, or a notice of

presentation or waiver of oral argument pursuant to Rule 16.1(d) of

these Rules. An original and eleven copies of all other papers

shall be submitted for filing to the Clerk of the Panel. The Clerk

of the Panel may require that additional copies also be submitted

for filing.

(b) When papers are submitted for filing, the Clerk of the Panel

shall endorse thereon the date for filing.

(c) Copies of motions for transfer of an action or actions

pursuant to 28 U.S.C. Sec. 1407 shall be filed in each district

court in which an action is pending that will be affected by the

motion. Copies of a motion for remand pursuant to 28 U.S.C. Sec.

1407 shall be filed in the Section 1407 transferee district court

in which any action affected by the motion is pending.

(d) Papers requiring only an original may be faxed to the Panel

office with prior approval of the Clerk of the Panel. No papers

requiring multiple copies shall be accepted via fax.

(As amended June 14, 1988, eff. July 6, 1988; May 3, 1993, eff.

July 1, 1993; Sept. 1, 1998, eff. Nov. 2, 1998; Apr. 2, 2001, eff.

Apr. 2, 2001.)

RULE 5.13: FILING OF PAPERS: COMPUTER GENERATED DISK REQUIRED

(a) Whenever an original paper and eleven copies is required to

be submitted for filing to the Clerk of the Panel pursuant to Rule

5.12(a) of these Rules, and where a party is represented by

counsel, one copy of that paper must also be submitted on a

computer readable disk and shall be filed at the time the party's

paper is filed. The disk shall contain the entire paper exclusive

of computer non-generated exhibits. The label of the disk shall

include i) "MDL #__," ii) an abbreviated version of the MDL

descriptive title, or other appropriate descriptive title, if not

yet designated by the Panel, iii) the identity of the type of paper

being filed (i.e. motion, response, reply, etc.), iv) the name of

the counsel who signed the paper, and v) the first named

represented party on the paper.

(b) The paper must be on a 3 1/2 inch disk in WordPerfect for

Windows format.

(c) One copy of the disk may be served on each party separately

represented by counsel. If a party chooses to serve a copy of the

disk, the proof of service, as required by Rule 5.2 of these Rules,

must indicate service of the paper in both paper and electronic

format.

(d) A party may be relieved from the requirements of this Rule by

submitting a written application for a waiver, in a timely manner

in advance of submission of the paper, certifying that compliance

with the Rule would impose undue hardship, that the text of the

paper is not available on disk, or that other unusual circumstances

preclude compliance with this Rule. The requirements of this Rule

shall not apply to parties appearing pro se. Papers embraced by

this Rule and submitted by counsel after June 1, 2000 without a

computer disk copy or Panel-approved waiver of the requirements of

this Rule shall be governed by Rule 1.3 of these Rules.

(Added May 22, 2000, eff. June 1, 2000.)

RULE 5.2: SERVICE OF PAPERS FILED

(a) All papers filed with the Clerk of the Panel shall be

accompanied by proof of previous or simultaneous service on all

other parties in all actions involved in the litigation. Service

and proof of service shall be made as provided in Rules 5 and 6 of

the Federal Rules of Civil Procedure. The proof of service shall

indicate the name and complete address of each person served and

shall indicate the party represented by each. If a party is not

represented by counsel, the proof of service shall indicate the

name of the party and the party's last known address. The proof of

service shall indicate why any person named as a party in a

constituent complaint was not served with the Section 1407

pleading. The original proof of service shall be filed with the

Clerk of the Panel and copies thereof shall be sent to each person

included within the proof of service. After the "Panel Service

List" described in subsection (d) of this Rule has been received

from the Clerk of the Panel, the "Panel Service List" shall be

utilized for service of responses to motions and all other filings.

In such instances, the "Panel Service List" shall be attached to

the proof of service and shall be supplemented in the proof of

service in the event of the presence of additional parties or

subsequent corrections relating to any party, counsel or address

already on the "Panel Service List."

(b) The proof of service pertaining to motions for transfer of

actions pursuant to 28 U.S.C. Sec. 1407 shall certify that copies

of the motions have been mailed or otherwise delivered for filing

to the clerk of each district court in which an action is pending

that will be affected by the motion. The proof of service

pertaining to a motion for remand pursuant to 28 U.S.C. Sec. 1407

shall certify that a copy of the motion has been mailed or

otherwise delivered for filing to the clerk of the Section 1407

transferee district court in which any action affected by the

motion is pending.

(c) Within eleven days of filing of a motion to transfer, an

order to show cause or a conditional transfer order, each party or

designated attorney shall notify the Clerk of the Panel, in

writing, of the name and address of the attorney designated to

receive service of all pleadings, notices, orders and other papers

relating to practice before the Judicial Panel on Multidistrict

Litigation. Only one attorney shall be designated for each party.

Any party not represented by counsel shall be served by mailing

such pleadings to the party's last known address. Requests for an

extension of time to file the designation of attorney shall not be

granted except in extraordinary circumstances.

(d) In order to facilitate compliance with subsection (a) of this

Rule, the Clerk of the Panel shall prepare and serve on all counsel

and parties not represented by counsel, a "Panel Service List"

containing the names and addresses of the designated attorneys and

the party or parties they represent in the actions under

consideration by the Panel and the names and addresses of the

parties not represented by counsel in the actions under

consideration by the Panel. After the "Panel Service List" has been

received from the Clerk of the Panel, notice of subsequent

corrections relating to any party, counsel or address on the "Panel

Service List" shall be served on all other parties in all actions

involved in the litigation.

(e) If following transfer of any group of multidistrict

litigation, the transferee district court appoints liaison counsel,

this Rule shall be satisfied by serving each party in each affected

action and all liaison counsel. Liaison counsel designated by the

transferee district court shall receive copies of all Panel orders

concerning their particular litigation and shall be responsible for

distribution to the parties for whom he or she serves as liaison

counsel.

(As amended June 14, 1988, eff. July 6, 1988; May 3, 1993, eff.

July 1, 1993; Sept. 1, 1998, eff. Nov. 2, 1998.)

RULE 5.3: CORPORATE DISCLOSURE STATEMENT

(a) Any nongovernmental corporate party to a matter before the

Panel shall file a statement identifying all its parent

corporations and listing any publicly held company that owns 10% or

more of the party's stock.

(b) A party shall file the corporate disclosure statement within

eleven days of the filing of a motion to transfer or remand, an

order to show cause, or a motion to vacate a conditional transfer

order or a conditional remand order.

(c) Once a corporate disclosure statement by a party has been

filed in an MDL docket pursuant to subsection (b) of this Rule,

such a party is required to update the statement to reflect any

change in the information therein i) until the matter before the

Panel is decided, and ii) within eleven days of the filing of any

subsequent motion to transfer or remand, order to show cause, or

motion to vacate a conditional transfer order or a conditional

remand order in that docket.

(Added Apr. 2, 2001, eff. Apr. 2, 2001.)

RULE 6.2: APPLICATIONS FOR EXTENSIONS OF TIME

Any application for an extension of time to file a pleading or

perform an act required by these Rules must be in writing, must

request a specific number of additional days and may be acted upon

by the Clerk of the Panel. Such an application will be evaluated in

relation to the impact on the Panel's calendar as well as on the

basis of the reasons set forth in support of the application. Any

party aggrieved by the Clerk of the Panel's action on such

application may submit its objections to the Panel for

consideration. Absent exceptional circumstances, no extensions of

time shall be granted to file a notice of opposition to either a

conditional transfer order or a conditional remand order. All

applications for extensions of time shall be filed and served in

conformity with Rules 5.12, 5.2 and 7.1 of these Rules.

(As amended June 14, 1988, eff. July 6, 1988; May 3, 1993, eff.

July 1, 1993; Sept. 1, 1998, eff. Nov. 2, 1998.)

RULE 7.1: FORM OF PAPERS FILED

(a) Averments in any motion seeking action by the Panel shall be

made in numbered paragraphs, each of which shall be limited, as far

as practicable, to a statement of a single factual averment.

(b) Responses to averments in motions shall be made in numbered

paragraphs, each of which shall correspond to the number of the

paragraph of the motion to which the responsive paragraph is

directed. Each responsive paragraph shall admit or deny wholly or

in part the averment of the motion, and shall contain the

respondent's version of the subject matter when the averment or the

motion is not wholly admitted.

(c) Each pleading filed shall be:

(i) flat and unfolded;

(ii) plainly written, typed in double space, printed or

prepared by means of a duplicating process, without erasures or

interlineations which materially deface it;

(iii) on opaque, unglazed, white paper (not onionskin);

(iv) approximately 8 1/2 * 11 inches in size; and

(v) fastened at the top-left corner without side binding or

front or back covers.

(d) The heading on the first page of each pleading shall commence

not less than three inches from the top of the page. Each pleading

shall bear the heading "Before the Judicial Panel on Multidistrict

Litigation," the identification "MDL Docket No. __" and the

descriptive title designated by the Panel for the litigation

involved. If the Panel has not yet designated a title, an

appropriate descriptive title shall be used.

(e) The final page of each pleading shall contain the name,

address and telephone number of the attorney or party in active

charge of the case. Each attorney shall also include the name of

each party represented.

(f) Except with the approval of the Panel, each brief submitted

for filing with the Panel shall be limited to twenty pages,

exclusive of exhibits. Absent exceptional circumstances, motions to

exceed page limits shall not be granted.

(g) Exhibits exceeding a cumulative total of 50 pages shall be

fastened separately from the accompanying pleading.

(h) Proposed Panel orders shall not be submitted with papers for

filing.

(As amended June 14, 1988, eff. July 6, 1988; May 3, 1993, eff.

July 1, 1993; Sept. 1, 1998, eff. Nov. 2, 1998; Apr. 2, 2001, eff.

Apr. 2, 2001.)

RULE 7.2: MOTION PRACTICE

(a) All requests for action by the Panel under 28 U.S.C. Sec.

1407 shall be made by written motion. Every motion shall be

accompanied by:

(i) a brief in support thereof in which the background of the

litigation and factual and legal contentions of the movant shall

be concisely stated in separate portions of the brief with

citation of applicable authorities; and

(ii) a schedule giving

(A) the complete name of each action involved, listing the

full name of each party included as such on the district

court's docket sheet, not shortened by the use of references

such as "et al." or "etc.";

(B) the district court and division in which each action is

pending;

(C) the civil action number of each action; and

(D) the name of the judge assigned each action, if known.

(b) The Clerk of the Panel shall notify recipients of a motion of

the filing date, caption, MDL docket number, briefing schedule and

pertinent Panel policies.

(c) Within twenty days after filing of a motion, all other

parties shall file a response thereto. Failure of a party to

respond to a motion shall be treated as that party's acquiescence

to the action requested in the motion.

(d) The movant may, within five days after the lapse of the time

period for filing responsive briefs, file a single brief in reply

to any opposition.

(e) Motions, their accompaniments, responses, and replies shall

also be governed by Rules 5.12, 5.2 and 7.1 of these Rules.

(f) With respect to any action that is the subject of Panel

consideration, counsel shall promptly notify the Clerk of the Panel

of any development that would partially or completely moot the

matter before the Panel.

(g) A joinder in a motion shall not add any action to the

previous motion.

(h) Once a motion is filed, any other pleading that purports to

be a "motion" in the docket shall be filed by the Clerk of the

Panel as a response unless the "motion" adds an action. The Clerk

of the Panel, upon designating such a pleading as a motion, shall

acknowledge that designation by the distribution of a briefing

schedule to all parties in the docket. Response time resulting from

an additional motion shall ordinarily be extended only to those

parties directly affected by the additional motion. An accelerated

briefing schedule for the additional motion may be set by the Clerk

of the Panel to conform with the hearing session schedule

established by the Chairman.

(i) Any party or counsel in a new group of actions under

consideration by the Panel for transfer under Section 1407 shall

promptly notify the Clerk of the Panel of any potential tag-along

action in which that party is also named or in which that counsel

appears.

(As amended June 14, 1988, eff. July 6, 1988; May 3, 1993, eff.

July 1, 1993; Sept. 1, 1998, eff. Nov. 2, 1998; Apr. 2, 2001, eff.

Apr. 2, 2001.)

RULE 7.3: SHOW CAUSE ORDERS

(a) When transfer of multidistrict litigation is being considered

on the initiative of the Panel pursuant to 28 U.S.C. Sec.

1407(c)(i), an order shall be filed by the Clerk of the Panel

directing the parties to show cause why the action or actions

should not be transferred for coordinated or consolidated pretrial

proceedings. Any party or counsel in such actions shall promptly

notify the Clerk of the Panel of any other federal district court

actions related to the litigation encompassed by the show cause

order. Such notification shall be made for additional actions

pending at the time of the issuance of the show cause order and

whenever new actions are filed.

(b) Any party may file a response to the show cause order within

twenty days of the filing of said order unless otherwise provided

for in the order. Failure of a party to respond to a show cause

order shall be treated as that party's acquiescence to the Panel

action contemplated in the order.

(c) Within five days after the lapse of the time period for

filing a response, any party may file a reply limited to new

matters.

(d) Responses and replies shall be filed and served in conformity

with Rules 5.12, 5.2 and 7.1 of these Rules.

(e) With respect to any action that is the subject of Panel

consideration, counsel shall promptly notify the Clerk of the Panel

of any development that would partially or completely moot the

matter before the Panel.

(As amended June 14, 1988, eff. July 6, 1988; May 3, 1993, eff.

July 1, 1993; Sept. 1, 1998, eff. Nov. 2, 1998.)

RULE 7.4: CONDITIONAL TRANSFER ORDERS FOR "TAG-ALONG ACTIONS"

(a) Upon learning of the pendency of a potential "tag-along

action," as defined in Rule 1.1 of these Rules, an order may be

entered by the Clerk of the Panel transferring that action to the

previously designated transferee district court on the basis of the

prior hearing session(s) and for the reasons expressed in previous

opinions and orders of the Panel in the litigation. The Clerk of

the Panel shall serve this order on each party to the litigation

but, in order to afford all parties the opportunity to oppose

transfer, shall not send the order to the clerk of the transferee

district court for fifteen days from the entry thereof.

(b) Parties to an action subject to a conditional transfer order

shall notify the Clerk of the Panel within the fifteen-day period

if that action is no longer pending in its transferor district

court.

(c) Any party opposing the transfer shall file a notice of

opposition with the Clerk of the Panel within the fifteen-day

period. If a notice of opposition is received by the Clerk of the

Panel within this fifteen-day period, the Clerk of the Panel shall

not transmit said order to the clerk of the transferee district

court until further order of the Panel. The Clerk of the Panel

shall notify the parties of the briefing schedule.

(d) Within fifteen days of the filing of its notice of

opposition, the party opposing transfer shall file a motion to

vacate the conditional transfer order and brief in support thereof.

The Chairman of the Panel shall set the motion for the next

appropriate hearing session of the Panel. Failure to file and serve

a motion and brief shall be treated as withdrawal of the opposition

and the Clerk of the Panel shall forthwith transmit the order to

the clerk of the transferee district court.

(e) Conditional transfer orders do not become effective unless

and until they are filed with the clerk of the transferee district

court.

(f) Notices of opposition and motions to vacate such orders of

the Panel and responses thereto shall be governed by Rules 5.12,

5.2, 7.1 and 7.2 of these Rules.

(As amended June 14, 1988, eff. July 6, 1988; Sept. 1, 1998, eff.

Nov. 2, 1998; Apr. 2, 2001, eff. Apr. 2, 2001.)

RULE 7.5: MISCELLANEOUS PROVISIONS CONCERNING "TAG-ALONG ACTIONS"

(a) Potential "tag-along actions" filed in the transferee

district require no action on the part of the Panel and requests

for assignment of such actions to the Section 1407 transferee judge

should be made in accordance with local rules for the assignment of

related actions.

(b) Upon learning of the pendency of a potential "tag-along

action" and having reasonable anticipation of opposition to

transfer of that action, the Panel may direct the Clerk of the

Panel to file a show cause order, in accordance with Rule 7.3 of

these Rules, instead of a conditional transfer order.

(c) Failure to serve one or more of the defendants in a potential

"tag-along action" with the complaint and summons as required by

Rule 4 of the Federal Rules of Civil Procedure does not preclude

transfer of such action under Section 1407. Such failure, however,

may be submitted by such a defendant as a basis for opposing the

proposed transfer if prejudice can be shown. The inability of the

Clerk of the Panel to serve a conditional transfer order on all

plaintiffs or defendants or their counsel shall not render the

transfer of the action void but can be submitted by such a party as

a basis for moving to remand as to such party if prejudice can be

shown.

(d) A civil action apparently involving common questions of fact

with actions under consideration by the Panel for transfer under

Section 1407, which was either not included in a motion under Rule

7.2 of these Rules, or was included in such a motion that was filed

too late to be included in the initial hearing session, will

ordinarily be treated by the Panel as a potential "tag-along

action."

(e) Any party or counsel in actions previously transferred under

Section 1407 or under consideration by the Panel for transfer under

Section 1407 shall promptly notify the Clerk of the Panel of any

potential "tag-along actions" in which that party is also named or

in which that counsel appears.

(As amended June 14, 1988, eff. July 6, 1988; May 3, 1993, eff.

July 1, 1993; Sept. 1, 1998, eff. Nov. 2, 1998; Apr. 2, 2001, eff.

Apr. 2, 2001.)

RULE 7.6: TERMINATION AND REMAND

In the absence of unusual circumstances -

(a) Actions terminated in the transferee district court by valid

judgment, including but not limited to summary judgment, judgment

of dismissal and judgment upon stipulation, shall not be remanded

by the Panel and shall be dismissed by the transferee district

court. The clerk of the transferee district court shall send a copy

of the order terminating the action to the Clerk of the Panel but

shall retain the original files and records unless otherwise

directed by the transferee judge or by the Panel.

(b) Each action transferred only for coordinated or consolidated

pretrial proceedings that has not been terminated in the transferee

district court shall be remanded by the Panel to the transferor

district for trial. Actions that were originally filed in the

transferee district require no action by the Panel to be reassigned

to another judge in the transferee district at the conclusion of

the coordinated or consolidated pretrial proceedings affecting

those actions.

(c) The Panel shall consider remand of each transferred action or

any separable claim, cross-claim, counterclaim or third-party claim

at or before the conclusion of coordinated or consolidated pretrial

proceedings on

(i) motion of any party,

(ii) suggestion of the transferee district court, or

(iii) the Panel's own initiative, by entry of an order to show

cause, a conditional remand order or other appropriate order.

(d) The Panel is reluctant to order remand absent a suggestion of

remand from the transferee district court. If remand is sought by

motion of a party, the motion shall be accompanied by:

(i) an affidavit reciting

(A) whether the movant has requested a suggestion of remand

from the transferee district court, how the court responded to

any request, and, if no such request was made, why;

(B) whether all common discovery and other pretrial

proceedings have been completed in the action sought to be

remanded, and if not, what remains to be done; and

(C) whether all orders of the transferee district court have

been satisfactorily complied with, and if not, what remains to

be done; and

(ii) a copy of the transferee district court's final pretrial

order, where such order has been entered.

Motions to remand and responses thereto shall be governed by

Rules 5.12, 5.2, 7.1 and 7.2 of these Rules.

(e) When an order to show cause why an action or actions should

not be remanded is entered pursuant to subsection (c), paragraph

(iii) of this Rule, any party may file a response within twenty

days of the filing of said order unless otherwise provided for in

the order. Within five days of filing of a party's response, any

party may file a reply brief limited to new matters. Failure of a

party to respond to a show cause order regarding remand shall be

treated as that party's acquiescence to the remand. Responses and

replies shall be filed and served in conformity with Rules 5.12,

5.2 and 7.1 of these Rules.

(f) Conditional Remand Orders

(i) When the Panel has been advised by the transferee district

judge, or otherwise has reason to believe, that pretrial

proceedings in the litigation assigned to the transferee district

judge are concluded or that remand of an action or actions is

otherwise appropriate, an order may be entered by the Clerk of

the Panel remanding the action or actions to the transferor

district court. The Clerk of the Panel shall serve this order on

each party to the litigation but, in order to afford all parties

the opportunity to oppose remand, shall not send the order to the

clerk of the transferee district court for fifteen days from the

entry thereof.

(ii) Any party opposing the remand shall file a notice of

opposition with the Clerk of the Panel within the fifteen-day

period. If a notice of opposition is received by the Clerk of the

Panel within this fifteen-day period, the Clerk of the Panel

shall not transmit said order to the clerk of the transferee

district court until further order of the Panel. The Clerk of the

Panel shall notify the parties of the briefing schedule.

(iii) Within fifteen days of the filing of its notice of

opposition, the party opposing remand shall file a motion to

vacate the conditional remand order and brief in support thereof.

The Chairman of the Panel shall set the motion for the next

appropriate hearing session of the Panel. Failure to file and

serve a motion and brief shall be treated as a withdrawal of the

opposition and the Clerk of the Panel shall forthwith transmit

the order to the clerk of the transferee district court.

(iv) Conditional remand orders do not become effective unless

and until they are filed with the clerk of the transferee

district court.

(v) Notices of opposition and motions to vacate such orders of

the Panel and responses thereto shall be governed by Rules 5.12,

5.2, 7.1 and 7.2 of these Rules.

(g) Upon receipt of an order to remand from the Clerk of the

Panel, the parties shall furnish forthwith to the transferee

district clerk a stipulation or designation of the contents of the

record or part thereof to be remanded and furnish the transferee

district clerk all necessary copies of any pleading or other matter

filed so as to enable the transferee district clerk to comply with

the order of remand.

(As amended June 14, 1988, eff. July 6, 1988; May 3, 1993, eff.

July 1, 1993; Sept. 1, 1998, eff. Nov. 2, 1998; Apr. 2, 2001, eff.

Apr. 2, 2001.)

RULE 16.1: HEARING SESSIONS AND ORAL ARGUMENT

(a) Hearing sessions of the Panel for the presentation of oral

argument and consideration of matters taken under submission

without oral argument shall be held as ordered by the Panel. The

Panel shall convene whenever and wherever desirable or necessary in

the judgment of the Chairman. The Chairman shall determine which

matters shall be considered at each hearing session and the Clerk

of the Panel shall give notice to counsel for all parties involved

in the litigation to be so considered of the time, place and

subject matter of such hearing session.

(b) Each party filing a motion or a response to a motion or order

of the Panel under Rules 7.2, 7.3, 7.4 or 7.6 of these Rules may

file simultaneously therewith a separate statement limited to one

page setting forth reasons why oral argument should, or need not,

be heard. Such statements shall be captioned "Reasons Why Oral

Argument Should [Need Not] Be Heard," and shall be filed and served

in conformity with Rules 5.12 and 5.2 of these Rules.

(c) No transfer or remand determination regarding any action

pending in the district court shall be made by the Panel when any

party timely opposes such transfer or remand unless a hearing

session has been held for the presentation of oral argument except

that the Panel may dispense with oral argument if it determines

that:

(i) the dispositive issue(s) have been authoritatively decided;

or

(ii) the facts and legal arguments are adequately presented in

the briefs and record, and the decisional process would not be

significantly aided by oral argument.

Unless otherwise ordered by the Panel, all other matters before the

Panel, such as a motion for reconsideration, shall be considered

and determined upon the basis of the papers filed.

(d) In those matters in which oral argument is not scheduled by

the Panel, counsel shall be promptly advised. If oral argument is

scheduled in a matter the Clerk of the Panel may require counsel

for all parties who wish to make or to waive oral argument to file

and serve notice to that effect within a stated time in conformity

with Rules 5.12 and 5.2 of these Rules. Failure to do so shall be

deemed a waiver of oral argument by that party. If oral argument is

scheduled but not attended by a party, the matter shall not be

rescheduled and that party's position shall be treated as submitted

for decision by the Panel on the basis of the papers filed.

(e) Except for leave of the Panel on a showing of good cause,

only those parties to actions scheduled for oral argument who have

filed a motion or written response to a motion or order shall be

permitted to appear before the Panel and present oral argument.

(f) Counsel for those supporting transfer or remand under Section

1407 and counsel for those opposing such transfer or remand are to

confer separately prior to the oral argument for the purpose of

organizing their arguments and selecting representatives to present

all views without duplication.

(g) Unless otherwise ordered by the Panel, a maximum of twenty

minutes shall be allotted for oral argument in each matter. The

time shall be divided equally among those with varying viewpoints.

Counsel for the moving party or parties shall generally be heard

first.

(h) So far as practicable and consistent with the purposes of

Section 1407, the offering of oral testimony before the Panel shall

be avoided. Accordingly, oral testimony shall not be received

except upon notice, motion and order of the Panel expressly

providing for it.

(i) After an action or group of actions has been set for a

hearing session, consideration of such action(s) may be continued

only by order of the Panel on good cause shown.

(As amended June 14, 1988, eff. July 6, 1988; May 3, 1993, eff.

July 1, 1993; Sept. 1, 1998, eff. Nov. 2, 1998; Apr. 2, 2001, eff.

Apr. 2, 2001.)

II. RULES FOR MULTICIRCUIT PETITIONS FOR REVIEW UNDER 28 U.S.C.

SEC. 2112(A)(3)

RULE 17.1: RANDOM SELECTION

(a) Upon filing a notice of multicircuit petitions for review,

the Clerk of the Panel or designated deputy shall randomly select a

circuit court of appeals from a drum containing an entry for each

circuit wherein a constituent petition for review is pending.

Multiple petitions for review pending in a single circuit shall be

allotted only a single entry in the drum. This random selection

shall be witnessed by the Clerk of the Panel or a designated deputy

other than the random selector. Thereafter, an order on behalf of

the Panel shall be issued, signed by the random selector and the

witness,

(i) consolidating the petitions for review in the court of

appeals for the circuit that was randomly selected; and

(ii) designating that circuit as the one in which the record is

to be filed pursuant to Rules 16 and 17 of the Federal Rules of

Appellate Procedure.

(b) A consolidation of petitions for review shall be effective

when the Panel's consolidation order is filed at the offices of the

Panel by the Clerk of the Panel.

(Added June 14, 1988, eff. July 6, 1988; amended Sept. 1, 1998,

eff. Nov. 2, 1998.)

RULE 25.1: FILING OF NOTICES

(a) An original of a notice of multicircuit petitions for review

pursuant to 28 U.S.C. Sec. 2112(a)(3) shall be submitted for filing

to the Clerk of the Panel by the affected agency, board, commission

or officer. The term "agency" as used in Section II of these Rules

shall include agency, board, commission or officer.

(b) All notices of multicircuit petitions for review submitted by

the affected agency for filing with the Clerk of the Panel shall

embrace exclusively petitions for review filed in the courts of

appeals within ten days after issuance of an agency order and

received by the affected agency from the petitioners within that

ten-day period.

(c) When a notice of multicircuit petitions for review is

submitted for filing to the Clerk of the Panel, the Clerk of the

Panel shall file the notice and endorse thereon the date of filing.

(d) Copies of notices of multicircuit petitions for review shall

be filed by the affected agency with the clerk of each circuit

court of appeals in which a petition for review is pending that is

included in the notice.

(Added June 14, 1988, eff. July 6, 1988; amended May 3, 1993, eff.

July 1, 1993; Sept. 1, 1998, eff. Nov. 2, 1998.)

RULE 25.2: ACCOMPANIMENTS TO NOTICES

(a) All notices of multicircuit petitions for review shall be

accompanied by:

(i) a copy of each involved petition for review as the petition

for review is defined in 28 U.S.C. Sec. 2112(a)(2); and

(ii) a schedule giving

(A) the date of the relevant agency order;

(B) the case name of each petition for review involved;

(C) the circuit court of appeals in which each petition for

review is pending;

(D) the appellate docket number of each petition for review;

(E) the date of filing by the court of appeals of each

petition for review; and

(F) the date of receipt by the agency of each petition for

review.

(b) The schedule in Subsection (a)(ii) of this Rule shall also be

governed by Rules 25.1, 25.3 and 25.4(a) of these Rules.

(Added June 14, 1988, eff. July 6, 1988; amended Sept. 1, 1998,

eff. Nov. 2, 1998.)

RULE 25.3: SERVICE OF NOTICES

(a) All notices of multicircuit petitions for review shall be

accompanied by proof of service by the affected agency on all other

parties in all petitions for review included in the notice. Service

and proof of service shall be made as provided in Rule 25 of the

Federal Rules of Appellate Procedure. The proof of service shall

state the name and address of each person served and shall indicate

the party represented by each. If a party is not represented by

counsel, the proof of service shall indicate the name of the party

and his or her last known address. The original proof of service

shall be submitted by the affected agency for filing with the Clerk

of the Panel and copies thereof shall be sent by the affected

agency to each person included within the proof of service.

(b) The proof of service pertaining to notices of multicircuit

petitions for review shall certify that copies of the notices have

been mailed or otherwise delivered by the affected agency for

filing to the clerk of each circuit court of appeals in which a

petition for review is pending that is included in the notice.

(Added June 14, 1988, eff. July 6, 1988; amended Sept. 1, 1998,

eff. Nov. 2, 1998.)

RULE 25.4: FORM OF NOTICES

(a) Each notice of multicircuit petitions for review shall be

(i) flat and unfolded;

(ii) plainly written, typed in double space, printed or

prepared by means of a duplicating process, without erasures or

interlineations which materially deface it;

(iii) on opaque, unglazed white paper (not onionskin);

(iv) approximately 8 1/2 * 11 inches in size; and

(v) fastened at the top-left corner without side binding or

front or back covers.

(b) The heading on the first page of each notice of multicircuit

petitions for review shall commence not less that three inches from

the top of the page. Each notice shall bear the heading ["]Notice

to the Judicial Panel on Multidistrict Litigation of Multicircuit

Petitions for Review," followed by a brief caption identifying the

involved agency, the relevant agency order, and the date of the

order.

(c) The final page of each notice of multicircuit petitions for

review shall contain the name, address and telephone number of the

individual or individuals who submitted the notice on behalf of the

agency.

(Added June 14, 1988, eff. July 6, 1988; amended May 3, 1993, eff.

July 1, 1993; Sept. 1, 1998, eff. Nov. 2, 1998.)

RULE 25.5: SERVICE OF PANEL CONSOLIDATION ORDER

(a) The Clerk of the Panel shall serve the Panel's consolidation

order on the affected agency through the individual or individuals,

as identified in Rule 25.4(c) of these Rules, who submitted the

notice of multicircuit petitions for review on behalf of the

agency.

(b) That individual or individuals, or anyone else designated by

the agency, shall promptly serve the Panel's consolidation order on

all other parties in all petitions for review included in the

Panel's consolidation order, and shall promptly submit a proof of

that service to the Clerk of the Panel. Service and proof of that

service shall also be governed by Rule 25.3 of these Rules.

(c) The Clerk of the Panel shall serve the Panel's consolidation

order on the clerks of all circuit courts of appeals that were

among the candidates for the Panel's random selection.

(Added June 14, 1988, eff. July 6, 1988; amended Sept. 1, 1998,

eff. Nov. 2, 1998.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1441 of this title.

-End-

-CITE-

28 USC Sec. 1408 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 87 - DISTRICT COURTS; VENUE

-HEAD-

Sec. 1408. Venue of cases under title 11

-STATUTE-

Except as provided in section 1410 of this title, a case under

title 11 may be commenced in the district court for the district -

(1) in which the domicile, residence, principal place of

business in the United States, or principal assets in the United

States, of the person or entity that is the subject of such case

have been located for the one hundred and eighty days immediately

preceding such commencement, or for a longer portion of such

one-hundred-and-eighty-day period than the domicile, residence,

or principal place of business, in the United States, or

principal assets in the United States, of such person were

located in any other district; or

(2) in which there is pending a case under title 11 concerning

such person's affiliate, general partner, or partnership.

-SOURCE-

(Added Pub. L. 98-353, title I, Sec. 102(a), July 10, 1984, 98

Stat. 334.)

-MISC1-

PRIOR PROVISIONS

A prior section 1408, added by Pub. L. 95-598, title II, Sec.

240(a), Nov. 6, 1978, 92 Stat. 2668, which related to bankruptcy

appeals, did not become effective pursuant to section 402(b) of

Pub. L. 95-598, as amended, set out as an Effective Date note

preceding section 101 of Title 11, Bankruptcy.

EFFECTIVE DATE

Section effective July 10, 1984, see section 122(a) of Pub. L.

98-353, set out as a note under section 151 of this title.

-End-

-CITE-

28 USC Sec. 1409 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 87 - DISTRICT COURTS; VENUE

-HEAD-

Sec. 1409. Venue of proceedings arising under title 11 or arising

in or related to cases under title 11

-STATUTE-

(a) Except as otherwise provided in subsections (b) and (d), a

proceeding arising under title 11 or arising in or related to a

case under title 11 may be commenced in the district court in which

such case is pending.

(b) Except as provided in subsection (d) of this section, a

trustee in a case under title 11 may commence a proceeding arising

in or related to such case to recover a money judgment of or

property worth less than $1,000 or a consumer debt of less than

$5,000 only in the district court for the district in which the

defendant resides.

(c) Except as provided in subsection (b) of this section, a

trustee in a case under title 11 may commence a proceeding arising

in or related to such case as statutory successor to the debtor or

creditors under section 541 or 544(b) of title 11 in the district

court for the district where the State or Federal court sits in

which, under applicable nonbankruptcy venue provisions, the debtor

or creditors, as the case may be, may have commenced an action on

which such proceeding is based if the case under title 11 had not

been commenced.

(d) A trustee may commence a proceeding arising under title 11 or

arising in or related to a case under title 11 based on a claim

arising after the commencement of such case from the operation of

the business of the debtor only in the district court for the

district where a State or Federal court sits in which, under

applicable nonbankruptcy venue provisions, an action on such claim

may have been brought.

(e) A proceeding arising under title 11 or arising in or related

to a case under title 11, based on a claim arising after the

commencement of such case from the operation of the business of the

debtor, may be commenced against the representative of the estate

in such case in the district court for the district where the State

or Federal court sits in which the party commencing such proceeding

may, under applicable nonbankruptcy venue provisions, have brought

an action on such claim, or in the district court in which such

case is pending.

-SOURCE-

(Added Pub. L. 98-353, title I, Sec. 102(a), July 10, 1984, 98

Stat. 334.)

-MISC1-

EFFECTIVE DATE

Section effective July 10, 1984, see section 122(a) of Pub. L.

98-353, set out as a note under section 151 of this title.

-End-

-CITE-

28 USC Sec. 1410 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 87 - DISTRICT COURTS; VENUE

-HEAD-

Sec. 1410. Venue of cases ancillary to foreign proceedings

-STATUTE-

(a) A case under section 304 of title 11 to enjoin the

commencement or continuation of an action or proceeding in a State

or Federal court, or the enforcement of a judgment, may be

commenced only in the district court for the district where the

State or Federal court sits in which is pending the action or

proceeding against which the injunction is sought.

(b) A case under section 304 of title 11 to enjoin the

enforcement of a lien against a property, or to require the

turnover of property of an estate, may be commenced only in the

district court for the district in which such property is found.

(c) A case under section 304 of title 11, other than a case

specified in subsection (a) or (b) of this section, may be

commenced only in the district court for the district in which is

located the principal place of business in the United States, or

the principal assets in the United States, of the estate that is

the subject of such case.

-SOURCE-

(Added Pub. L. 98-353, title I, Sec. 102(a), July 10, 1984, 98

Stat. 335.)

-MISC1-

EFFECTIVE DATE

Section effective July 10, 1984, see section 122(a) of Pub. L.

98-353, set out as a note under section 151 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1408 of this title.

-End-

-CITE-

28 USC Sec. 1411 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 87 - DISTRICT COURTS; VENUE

-HEAD-

Sec. 1411. Jury trials

-STATUTE-

(a) Except as provided in subsection (b) of this section, this

chapter and title 11 do not affect any right to trial by jury that

an individual has under applicable nonbankruptcy law with regard to

a personal injury or wrongful death tort claim.

(b) The district court may order the issues arising under section

303 of title 11 to be tried without a jury.

-SOURCE-

(Added Pub. L. 98-353, title I, Sec. 102(a), July 10, 1984, 98

Stat. 335.)

-MISC1-

EFFECTIVE DATE

Section effective July 10, 1984, except that subsec. (a) not

applicable with respect to cases under Title 11, Bankruptcy, that

are pending on July 10, 1984, or to proceedings arising in or

related to such cases, see section 122(a), (b) of Pub. L. 98-353,

set out as a note under section 151 of this title.

-End-

-CITE-

28 USC Sec. 1412 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 87 - DISTRICT COURTS; VENUE

-HEAD-

Sec. 1412. Change of venue

-STATUTE-

A district court may transfer a case or proceeding under title 11

to a district court for another district, in the interest of

justice or for the convenience of the parties.

-SOURCE-

(Added Pub. L. 98-353, title I, Sec. 102(a), July 10, 1984, 98

Stat. 335.)

-MISC1-

EFFECTIVE DATE

Section effective July 10, 1984, see section 122(a) of Pub. L.

98-353, set out as a note under section 151 of this title.

-End-

-CITE-

28 USC Sec. 1413 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART IV - JURISDICTION AND VENUE

CHAPTER 87 - DISTRICT COURTS; VENUE

-HEAD-

Sec. 1413. Venue of cases under chapter 5 of title 3

-STATUTE-

Notwithstanding the preceding provisions of this chapter, a civil

action under section 1346(g) may be brought in the United States

district court for the district in which the employee is employed

or in the United States District Court for the District of

Columbia.

-SOURCE-

(Added Pub. L. 104-331, Sec. 3(b)(2)(A), Oct. 26, 1996, 110 Stat.

4069.)

-COD-

CODIFICATION

Pub. L. 104-331, Sec. 3(b)(2)(A), which directed the amendment of

chapter 37 of this title by adding this section at end, was

executed by adding this section at the end of chapter 87 of this

title to reflect the probable intent of Congress.

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1997, see section 3(d) of Pub. L.

104-331, set out as a note under section 1296 of this title.

-End-