June 25, 1948, ch. 64662 Stat. 937May 24, 1949, ch. 139, § 8163 Stat. 101Pub. L. 86–770, § 174 Stat. 912Pub. L. 87–845, § 1076A Stat. 699Pub. L. 97–164, title I, § 13296 Stat. 39Pub. L. 104–317, title VI, § 610(b)110 Stat. 3860(, ; , ; , , ; , , ; , , ; , , .)
Historical and Revision Notes
Act1948
Subsection (a) provides statutory sanction for transfer instead of dismissal, where venue is improperly laid.
Panama R.R. Co. v. JohnsonSubsection (b) is declaratory of existing law. (See , 1924, 44 S.Ct. 391, 264 U.S. 375, 68 L.Ed. 748.) It makes clear the intent of Congress that venue provisions are not jurisdictional but may be waived.
Act1949
section 1406(a) of title 28section 1406(a) of this titleThis section removes an ambiguity in , U.S.C., by substituting “may” for “shall”, thus making it clear that the court may decline to transfer a case brought in the wrong district under circumstances where it would not be in the interest of justice to make such transfer. [The amendment to described in this note was altered in the bill as enacted. See Cong. Rec., vol. 95, pt. 5, pp. 5826, 5827, 6283, 6284.]
Editorial Notes
Amendments
Pub. L. 104–3171996—Subsec. (c). amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “As used in this section, ‘district court’ includes the United States District Court for the District of the Canal Zone; and ‘district’ includes the territorial jurisdiction of that court.”
Pub. L. 97–1641982—Subsecs. (c), (d). redesignated subsec. (d) as (c). Former subsec. (c), which provided that if a case within the exclusive jurisdiction of the Court of Claims were filed in a district court, the district court, if it were in the interest of justice, was required to transfer the case to the Court of Claims where the case would proceed as if it had been filed in the Court of Claims on the date that it was filed in the district court, was struck out.
Pub. L. 87–8451962—Subsec. (d). added subsec. (d).
Pub. L. 86–7701960—Subsec. (c). added subsec. (c).
1949—Subsec. (a). Act , inserted “dismiss, or if it be in the interest of justice”.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Pub. L. 104–317section 610(c) of Pub. L. 104–317section 1404 of this titleAmendment by applicable to cases pending on , and to cases commenced on or after such date, see , set out as a note under .
Effective Date of 1982 Amendment
Pub. L. 97–164section 402 of Pub. L. 97–164section 171 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1962 Amendment
Pub. L. 87–845section 25 of Pub. L. 87–845section 414 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1960 Amendment
Pub. L. 86–770, § 474 Stat. 913