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28 USC CHAPTER 151 - DECLARATORY JUDGMENTS 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 151 - DECLARATORY JUDGMENTS

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CHAPTER 151 - DECLARATORY JUDGMENTS

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Sec.

2201. Creation of remedy.

2202. Further relief.

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28 USC Sec. 2201 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 151 - DECLARATORY JUDGMENTS

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Sec. 2201. Creation of remedy

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(a) In a case of actual controversy within its jurisdiction,

except with respect to Federal taxes other than actions brought

under section 7428 of the Internal Revenue Code of 1986, a

proceeding under section 505 or 1146 of title 11, or in any civil

action involving an antidumping or countervailing duty proceeding

regarding a class or kind of merchandise of a free trade area

country (as defined in section 516A(f)(10) of the Tariff Act of

1930), as determined by the administering authority, any court of

the United States, upon the filing of an appropriate pleading, may

declare the rights and other legal relations of any interested

party seeking such declaration, whether or not further relief is or

could be sought. Any such declaration shall have the force and

effect of a final judgment or decree and shall be reviewable as

such.

(b) For limitations on actions brought with respect to drug

patents see section 505 or 512 of the Federal Food, Drug, and

Cosmetic Act.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 964; May 24, 1949, ch. 139, Sec.

111, 63 Stat. 105; Aug. 28, 1954, ch. 1033, 68 Stat. 890; Pub. L.

85-508, Sec. 12(p), July 7, 1958, 72 Stat. 349; Pub. L. 94-455,

title XIII, Sec. 1306(b)(8), Oct. 4, 1976, 90 Stat. 1719; Pub. L.

95-598, title II, Sec. 249, Nov. 6, 1978, 92 Stat. 2672; Pub. L.

98-417, title I, Sec. 106, Sept. 24, 1984, 98 Stat. 1597; Pub. L.

100-449, title IV, Sec. 402(c), Sept. 28, 1988, 102 Stat. 1884;

Pub. L. 100-670, title I, Sec. 107(b), Nov. 16, 1988, 102 Stat.

3984; Pub. L. 103-182, title IV, Sec. 414(b), Dec. 8, 1993, 107

Stat. 2147.)

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HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 28, U.S.C., 1940 ed., Sec. 400 (Mar. 3, 1911, ch.

231, Sec. 274d, as added June 14, 1934, ch. 512, 48 Stat. 955; Aug.

30, 1935, ch. 829, Sec. 405, 49 Stat. 1027).

This section is based on the first paragraph of section 400 of

title 28, U.S.C., 1940 ed. Other provisions of such section are

incorporated in section 2202 of this title.

While this section does not exclude declaratory judgments with

respect to State taxes, such suits will not ordinarily be

entertained in the courts of the United States where State law

makes provision for payment under protest and recovery back or

otherwise affords adequate remedy in the State courts. See Great

Lakes Dredge & Dock Co. v. Huffman, La. 1943, 63 S.Ct. 1070, 319

U.S. 293, 87 L.Ed. 1407. See also Spector Motor Service v.

McLaughlin, Conn. 1944, 65 S.Ct. 152, 323 U.S. 101, 89 L.Ed. 101.

See also section 1341 of this title forbidding district courts to

restrain enforcements of State taxes where State courts afford

plain, speedy, and efficient remedy.

Changes were made in phraseology.

1949 ACT

Section corrects a typographical error in section 2201 of title

28, U.S.C.

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REFERENCES IN TEXT

Section 7428 of the Internal Revenue Code of 1986, referred to in

subsec. (a), is classified to section 7428 of Title 26, Internal

Revenue Code.

Section 516A(f)(10) of the Tariff Act of 1930, referred to in

subsec. (a), is classified to section 1516a(f)(10) of Title 19,

Customs Duties.

Sections 505 and 512 of the Federal Food, Drug, and Cosmetic Act,

referred to in subsec. (b), are classified to sections 355 and

360b, respectively, of Title 21, Food and Drugs.

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AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-182 substituted "merchandise of a

free trade area country (as defined in section 516A(f)(10) of the

Tariff Act of 1930)," for "Canadian merchandise,".

1988 - Subsec. (a). Pub. L. 100-449 substituted "1986," for "1954

or" and inserted "or in any civil action involving an antidumping

or countervailing duty proceeding regarding a class or kind of

Canadian merchandise, as determined by the administering

authority," after "title 11,".

Subsec. (b). Pub. L. 100-670 inserted "or 512" after "505".

1984 - Pub. L. 98-417 designated existing provisions as subsec.

(a) and added subsec. (b).

1978 - Pub. L. 95-598 inserted reference to proceedings under

section 505 or 1146 of title 11.

1976 - Pub. L. 94-455 substituted "taxes other than actions

brought under section 7428 of the Internal Revenue Code of 1954"

for "taxes".

1958 - Pub. L. 85-508 struck out provisions which related to

District Court for Territory of Alaska. See section 81A of this

title which establishes a United States District Court for the

State of Alaska.

1954 - Act Aug. 28, 1954, extended provisions to Alaska.

1949 - Act May 24, 1949, corrected spelling of "or" in second

sentence.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-182 effective on the date the North

American Free Trade Agreement enters into force with respect to the

United States [Jan. 1, 1994], but not applicable to any final

determination described in section 1516a(a)(1)(B) or (2)(B)(i),

(ii), or (iii) of Title 19, Customs Duties, notice of which is

published in the Federal Register before such date, or to a

determination described in section 1516a(a)(2)(B)(vi) of Title 19,

notice of which is received by the Government of Canada or Mexico

before such date, or to any binational panel review under the

United States-Canada Free-Trade Agreement, or to any extraordinary

challenge arising out of any such review that was commenced before

such date, see section 416 of Pub. L. 103-182, set out as an

Effective Date note under section 3431 of Title 19.

EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT

Amendment by Pub. L. 100-449 effective on date United

States-Canada Free-Trade Agreement enters into force (Jan. 1,

1989), and to cease to have effect on date Agreement ceases to be

in force, see section 501(a), (c) of Pub. L. 100-449, set out in a

note under section 2112 of Title 19, Customs Duties.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section

402(c) of Pub. L. 95-598, set out as an Effective Date note

preceding section 101 of Title 11, Bankruptcy.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-455 applicable with respect to pleadings

filed with the United States Tax Court, the District Court of the

United States for the District of Columbia, or the United States

Court of Claims more than 6 months after Oct. 4, 1976, but only

with respect to determinations (or requests for determinations)

made after Jan. 1, 1976, see section 1306(c) of Pub. L. 94-455, set

out as an Effective Date note under section 7428 of Title 26,

Internal Revenue Code.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-508 effective Jan. 3, 1959, on admission

of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959,

24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of

Pub. L. 85-508, see notes set out under section 81A of this title

and preceding section 21 of Title 48, Territories and Insular

Possessions.

EFFECT OF TERMINATION OF NAFTA COUNTRY STATUS

For provisions relating to effect of termination of NAFTA country

status on sections 401 to 416 of Pub. L. 103-182, see section 3451

of Title 19, Customs Duties.

AMOUNT IN CONTROVERSY

Jurisdictional amount in diversity of citizenship cases, see

section 1332 of this title.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 623; title 8

sections 1252, 1503; title 21 sections 355, 360b.

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28 USC Sec. 2202 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 151 - DECLARATORY JUDGMENTS

-HEAD-

Sec. 2202. Further relief

-STATUTE-

Further necessary or proper relief based on a declaratory

judgment or decree may be granted, after reasonable notice and

hearing, against any adverse party whose rights have been

determined by such judgment.

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(June 25, 1948, ch. 646, 62 Stat. 964.)

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HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 400 (Mar. 3, 1911, ch.

231, Sec. 274d, as added June 14, 1934, ch. 512, 48 Stat. 955; Aug.

30, 1935, ch. 829, Sec. 405, 49 Stat. 1027).

This section is based on the second paragraph of section 400 of

title 28, U.S.C., 1940 ed. Other provisions of such section are

incorporated in section 2201 of this title.

Provision in said section 400 that the court shall require

adverse parties whose rights are adjudicated to show cause why

further relief should not be granted forthwith, were omitted as

unnecessary and covered by the revised section.

Provisions relating to submission of interrogatories to a jury

were omitted as covered by rule 49 of the Federal Rules of Civil

Procedure.

Changes were made in phraseology.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 623.

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