28 U.S.C. § 1391 — Venue generally

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. Page 386 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1391 (f) CIVIL ACTIONS AGAINST A FOREIGN STATE.— 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 sub- stantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the ac- tion is situated; (2) in any judicial district in which the ves- sel 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 agen- cy or instrumentality is licensed to do busi- ness 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) MULTIPARTY, MULTIFORUM LITIGATION.—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 defend- ant resides or in which a substantial part of the accident giving rise to the action took place. (June 25, 1948, ch. 646, 62 Stat. 935; Pub. L. 87–748, § 2, Oct. 5, 1962, 76 Stat. 744; Pub. L. 88–234, Dec. 23, 1963, 77 Stat. 473; Pub. L. 89–714, §§ 1, 2, Nov. 2, 1966, 80 Stat. 1111; Pub. L. 94–574, § 3, Oct. 21, 1976, 90 Stat. 2721; Pub. L. 94–583, § 5, Oct. 21, 1976, 90 Stat. 2897; Pub. L. 100–702, title X, § 1013(a), Nov. 19, 1988, 102 Stat. 4669; Pub. L. 101–650, title III, § 311, Dec. 1, 1990, 104 Stat. 5114; Pub. L. 102–198, § 3, Dec. 9, 1991, 105 Stat. 1623; Pub. L. 102–572, title V, § 504, Oct. 29, 1992, 106 Stat. 4513; Pub. L. 104–34, § 1, Oct. 3, 1995, 109 Stat. 293; Pub. L. 107–273, div. C, title I, § 11020(b)(2), Nov. 2, 2002, 116 Stat. 1827; Pub. L. 112–63, title II, § 202, Dec. 7, 2011, 125 Stat. 763.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 111, 112 (Mar. 3, 1911, ch. 231, §§ 50, 51, 36 Stat. 1101; Sept. 19, 1922, ch. 345, 42 Stat. 849; Mar. 4, 1925, ch. 526, § 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 preju- dice 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 omit- ted. 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 de- fendant 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 statu- tory recognition to the weight of authority concerning a rule of venue as to which there has been a sharp con- flict 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. Editorial Notes REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (e), are set out in the Appendix to this title. AMENDMENTS 2011—Subsecs. (a) to (d). Pub. L. 112–63, § 202(1), added subsecs. (a) to (d) and struck out former subsecs. (a) to (d) which related to venue when jurisdiction is founded only on diversity of citizenship, when jurisdiction is not founded solely on diversity of citizenship, when a defendant is a corporation, and when an alien is sued, respectively. Subsec. (e). Pub. L. 112–63, § 202(2), inserted subsec. heading, substituted ‘‘(A)’’, ‘‘(B)’’, and ‘‘(C)’’ for ‘‘(1)’’, ‘‘(2)’’, and ‘‘(3)’’, respectively, in first par., designated first and second pars. as pars. (1) and (2), respectively, and inserted par. headings. Subsec. (f). Pub. L. 112–63, § 202(3), inserted heading. Subsec. (g). Pub. L. 112–63, § 202(4), inserted heading. 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 pe- riod 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, § 311(1), substituted cls. (1) to (3) for ‘‘the judicial district where all plain- tiffs or all defendants reside, or in which the claim arose’’. Subsec. (b). Pub. L. 101–650, § 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, § 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 prop- erty 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 fol- lows: ‘‘A corporation may be sued in any judicial dis- trict in which it is incorporated or licensed to do busi- ness 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 ac- tions against the United States, its agencies, or officers or employees in their official capacities, additional per- Page 387 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1395 sons may be joined in accordance with the Federal Rules of Civil Procedure and with other venue require- ments 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, § 1, authorized a civil action to be brought in the judicial district in which the claim arose. Subsec. (b). Pub. L. 89–714, § 1, authorized a civil ac- tion to be brought in the judicial district in which the claim arose. Subsec. (f). Pub. L. 89–714, § 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 omis- sion 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). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 112–63 effective upon the expi- ration 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 effec- tive date, see section 205 of Pub. L. 112–63, set out as an Effective Date note under section 1390 of this title. 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 Effec- tive 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 Pub. L. 100–702, title X, § 1013(b), Nov. 19, 1988, 102 Stat. 4669, 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. [§ 1392. Repealed. Pub. L. 112–63, § 203, Dec. 7, 2011, 125 Stat. 764] Section, act June 25, 1948, ch. 646, 62 Stat. 935; Pub. L. 104–220, § 1, Oct. 1, 1996, 110 Stat. 3023, related to defend- ants or property in different districts in the same State. Statutory Notes and Related Subsidiaries 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 appli- cable to any action commenced in a United States dis- trict 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. [§ 1393. Repealed. Pub. L. 100–702, title X, § 1001(a), Nov. 19, 1988, 102 Stat. 4664] 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 100–702, title X, § 1001(b), Nov. 19, 1988, 102 Stat. 4664, 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].’’ § 1394. Banking association’s action against Comptroller of Currency Any civil action by a national banking asso- ciation to enjoin the Comptroller of the Cur- rency, under the provisions of any Act of Con- gress relating to such associations, may be pros- ecuted in the judicial district where such asso- ciation is located. (June 25, 1948, ch. 646, 62 Stat. 935.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 110 (Mar. 3, 1911, ch. 231, § 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. Executive Documents 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 offi- cers, agencies and employees of the Department of the Treasury to the Secretary of the Treasury, made by Reorg. Plan No. 26 of 1950, § 1, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280. See section 321(c)(2) of Title 31, Money and Finance. § 1395. Fine, penalty or forfeiture (a) A civil proceeding for the recovery of a pe- cuniary fine, penalty or forfeiture may be pros- ecuted in the district where it accrues or the de- fendant 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 enforce- ment 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 ves- sel 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 de- clared by proclamation of the President to be in insurrection, or of any vessel or vehicle con- veying 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 dis- trict into which the property is taken and in which the proceeding is instituted. (June 25, 1948, ch. 646, 62 Stat. 936.)