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28 U.S.C. § 1390 — Scope

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1390 — Scope

**(a) Venue Defined.—** As used in this chapter, the term “venue” refers to the geographic specification of the proper court or courts for the litigation of a civil action that is within the subject-matter jurisdiction of the district courts in general, and does not refer to any grant or restriction of subject-matter jurisdiction providing for a civil action to be adjudicated only by the district court for a particular district or districts. **(b) Exclusion of Certain Cases.—** Except as otherwise provided by law, this chapter shall not govern the venue of a civil action in which the district court exercises the jurisdiction conferred by section 1333, except that such civil actions may be transferred between district courts as provided in this chapter. **(c) Clarification Regarding Cases Removed From State Courts.—** This chapter shall not determine the district court to which a civil action pending in a State court may be removed, but shall govern the transfer of an action so removed as between districts and divisions of the United States district courts.

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Source location: Title 28, Chapter 87, § 1390; chapter-087-district-courts-venue.md

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1392 — Repealed. Pub. L. 112–63, § 203, Dec. 7, 2011, 125 Stat. 764]

### Statutory Notes Section, act June 25, 1948, ch. 646, 62 Stat. 935; Pub. L. 104–220, § 1, Oct. 1, 1996, 110 Stat. 3023, related to defendants or property in different districts in the same State. #### Effective Date of Repeal Repeal by Pub. L. 112–63 effective upon the expiration of the 30-day period beginning on Dec. 7, 2011, and applicable to any action commenced in a United States district court on or after such effective date, and to any action removed from a State court to a United States district court that had been commenced, within the meaning of State law, on or after such effective date, see section 205 of Pub. L. 112–63, set out as an Effective Date note under [section 1390 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1390&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1391 — Venue generally

**(a) Applicability of Section.—** Except as otherwise provided by law— (1) this section shall govern the venue of all civil actions brought in district courts of the United States; and (2) the proper venue for a civil action shall be determined without regard to whether the action is local or transitory in nature. **(b) Venue in General.—** A civil action may be brought in— (1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (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) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action. **(c) Residency.—** For all venue purposes— (1) a natural person, including an alien lawfully admitted for permanent residence in the United States, shall be deemed to reside in the judicial district in which that person is domiciled; (2) an entity with the capacity to sue and be sued in its common name under applicable law, whether or not incorporated, shall be deemed to reside, if a defendant, in any judicial district in which such defendant is subject to the court’s personal jurisdiction with respect to the civil action in question and, if a plaintiff, only in the judicial district in which it maintains its principal place of business; and (3) a defendant not resident in the United States may be sued in any judicial district, and the joinder of such a defendant shall be disregarded in determining where the action may be brought with respect

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1404 — Change of venue

**(a)** For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented. **(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)** Transfers from a district court of the United States to the District Court of Guam, the District Court for the Northern Mariana Islands, or the District Court of the Virgin Islands shall not be permitted under this section. As otherwise 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.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1390 — Scope

Page 385 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1391 fective 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, § 2, Apr. 29, 1968, 82 Stat. 110, added item 1407. § 1390. Scope (a) VENUE DEFINED.—As used in this chapter, the term ‘‘venue’’ refers to the geographic speci- fication of the proper court or courts for the litigation of a civil action that is within the subject-matter jurisdiction of the district courts in general, and does not refer to any grant or re- striction of subject-matter jurisdiction pro- viding for a civil action to be adjudicated only by the district court for a particular district or districts. (b) EXCLUSION OF CERTAIN CASES.—Except as otherwise provided by law, this chapter shall not govern the venue of a civil action in which the district court exercises the jurisdiction con- ferred by section 1333, except that such civil ac- tions may be transferred between district courts as provided in this chapter. (c) CLARIFICATION REGARDING CASES REMOVED FROM STATE COURTS.—This chapter shall not de- termine the district court to which a civil ac- tion pending in a State court may be removed, but shall govern the transfer of an action so re- moved as between districts and divisions of the United States district courts. (Added Pub. L. 112–63, title II, § 201(a), Dec. 7, 2011, 125 Stat. 762.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 112–63, title II, § 205, Dec. 7, 2011, 125 Stat. 764, provided that: ‘‘The amendments made by this title [enacting this section, amending sections 1391 and 1404 of this title, and repealing section 1392 of this title]— ‘‘(1) shall take effect upon the expiration of th

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