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28 U.S.C. § 1631 — Transfer to cure want of jurisdiction
Federal law — U.S. Code and appendices · legal_authorities
Whenever a civil action is filed in a court as defined in [section 610 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section610&num=0&edition=prelim) or an appeal, including a petition for review of administrative action, is noticed for or filed with such a court and that court finds that there is a want of jurisdiction, the court shall, if it is in the interest of justice, transfer such action or appeal to any other such court (or, for cases within the jurisdiction of the United States Tax Court, to that court) in which the action or appeal could have been brought at the time it was filed or noticed, and the action or appeal shall proceed as if it had been filed in or noticed for the court to which it is transferred on the date upon which it was actually filed in or noticed for the court from which it is transferred.
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Source file: Laws/federal/codes/united-states-code/title-28/section-1631-transfer-to-cure-want-of-jurisdiction--f6fc2636dc.md
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Source location: Title 28, Chapter 99, § 1631; chapter-099-general-provisions.md
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Whenever a civil action is filed in a court as defined in [section 610 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section610&num=0&edition=prelim) or an appeal, including a petition for review of administrative action, is noticed for or filed with such a court and that court finds that there is a want of jurisdiction, the court shall, if it is in the interest of justice, transfer such action or appeal to any other such court (or, for cases within the jurisdiction of the United States Tax Court, to that court) in which the action or appeal could have been brought at the time it was filed or noticed, and the action or appeal shall proceed as if it had been filed in or noticed for the court to which it is transferred on the date upon which it was actually filed in or noticed for the court from which it is transferred.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter the word “courts” includes the courts of appeals and district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, the District Court of the Virgin Islands, the United States Court of Federal Claims, and the Court of International Trade.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The President shall appoint, by and with the advice and consent of the Senate, sixteen judges who shall constitute a court of record known as the United States Court of Federal Claims. The court is declared to be a court established under article I of the Constitution of the United States.
**(b)** The President shall designate one of the judges of the Court of Federal Claims who is less than seventy years of age to serve as chief judge. The chief judge may continue to serve as such until he reaches the age of seventy years or until another judge is designated as chief judge by the President. After the designation of another judge to serve as chief judge, the former chief judge may continue to serve as a judge of the court for the balance of the term to which appointed.
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Federal law — U.S. Code and appendices · legal_authorities
The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsections (c) and (d) of this section, the courts of appeals shall have jurisdiction of appeals from:
(1) Interlocutory orders of the district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, or of the judges thereof, granting, continuing, modifying, refusing or dissolving injunctions, or refusing to dissolve or modify injunctions, except where a direct review may be had in the Supreme Court;
(2) Interlocutory orders appointing receivers, or refusing orders to wind up receiverships or to take steps to accomplish the purposes thereof, such as directing sales or other disposals of property;
(3) Interlocutory decrees of such district courts or the judges thereof determining the rights and liabilities of the parties to admiralty cases in which appeals from final decrees are allowed.
**(b)** When a district judge, in making in a civil action an order not otherwise appealable under this section, shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, he shall so state in writing in such order. The Court of Appeals which would have jurisdiction of an appeal of such action may thereupon, in its discretion, permit an appeal to be taken from such order, if application is made to it within ten days after the entry of the order: Provided, however, That application for an appeal hereunder shall not stay proceedings in the district court unless the district judge or the Court of Appeals or a judge thereof shall so order.
**(c)** T
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Federal law — U.S. Code and appendices · legal_authorities
Page 439
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1651
§ 1631. Transfer to cure want of jurisdiction
Whenever a civil action is filed in a court as
defined in section 610 of this title or an appeal,
including a petition for review of administrative
action, is noticed for or filed with such a court
and that court finds that there is a want of ju-
risdiction, the court shall, if it is in the interest
of justice, transfer such action or appeal to any
other such court (or, for cases within the juris-
diction of the United States Tax Court, to that
court) in which the action or appeal could have
been brought at the time it was filed or noticed,
and the action or appeal shall proceed as if it
had been filed in or noticed for the court to
which it is transferred on the date upon which it
was actually filed in or noticed for the court
from which it is transferred.
(Added Pub. L. 97–164, title III, § 301(a), Apr. 2,
1982, 96 Stat. 55; amended Pub. L. 115–332, § 2,
Dec. 19, 2018, 132 Stat. 4487.)
Editorial Notes
AMENDMENTS
2018—Pub. L. 115–332 inserted ‘‘(or, for cases within
the jurisdiction of the United States Tax Court, to that
court)’’ after ‘‘any other such court’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 1, 1982, see section 402 of Pub.
L. 97–164, set out as an Effective Date of 1982 Amend-
ment note under section 171 of this title.
PART V—PROCEDURE
Chap.
Sec.
111.
General Provisions .............................
1651
113.
Process ...................................................
1691
114.
Class Actions ........................................
1711
115.
Evidence; Documentary ....................
1731
117.
Evidence; Depositions ........................
1781
119.
Evidence; Witnesses ................
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