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 the 30- day period beginning on the date of the enactment of this Act [Dec. 7, 2011]; and ‘‘(2) shall apply to— ‘‘(A) any action that is commenced in a United States district court on or after such effective date; and ‘‘(B) any action that is removed from a State court to a United States district court and that had been commenced, within the meaning of State law, on or after such effective date.’’ § 1391. Venue generally (a) APPLICABILITY OF SECTION.—Except as oth- erwise 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 de- fendant is subject to the court’s personal ju- risdiction with respect to such action. (c) RESIDENCY.—For all venue purposes— (1) a natural person, including an alien law- fully admitted for permanent residence in the United States, shall be deemed to reside in the judicial district in which that person is domi- ciled; (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 judi- cial district in which such defendant is subject to the court’s personal jurisdiction with re- spect 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 to other defend- ants. (d) RESIDENCY OF CORPORATIONS IN STATES WITH MULTIPLE DISTRICTS.—For purposes of venue under this chapter, in a State which has more than one judicial district and in which a defendant that is a corporation is subject to per- sonal jurisdiction at the time an action is com- menced, such corporation shall be deemed to re- side in any district in that State within which its contacts would be sufficient to subject it to personal jurisdiction if that district were a sepa- rate State, and, if there is no such district, the corporation shall be deemed to reside in the dis- trict within which it has the most significant contacts. (e) ACTIONS WHERE DEFENDANT IS OFFICER OR EMPLOYEE OF THE UNITED STATES.— (1) IN GENERAL.—A civil action in which a de- fendant is an officer or employee of the United States or any agency thereof acting in his offi- cial capacity or under color of legal authority, or an agency of the United States, or the United States, may, except as otherwise pro- vided by law, be brought in any judicial dis- trict in which (A) a defendant in the action re- sides, (B) a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the sub- ject of the action is situated, or (C) the plain- tiff 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. (2) SERVICE.—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 com- plaint to the officer or agency as required by the rules may be made by certified mail be- yond the territorial limits of the district in which the action is brought.