Whenever any action or suit is dismissed in any district court, the Court of International Trade, or the Court of Federal Claims for want of jurisdiction, such court may order the payment of just costs.
June 25, 1948, ch. 64662 Stat. 955Pub. L. 96–417, title V, § 51094 Stat. 1743Pub. L. 102–572, title IX, § 908(a)106 Stat. 4519(, ; , , ; , (b)(1), , .)
Historical and Revision Notes
Mar. 3, 1911, ch. 231, § 3736 Stat. 1098Based on title 28, U.S.C., 1940 ed., § 80 (, ).
section 1359 of this titlesection 80 of title 28section 1359 of this titlesection 80 of title 28section 1447 of this titleWords “dismissed for want of jurisdiction” were substituted for “it shall appear to the satisfaction of the said district court, at any time after such suit has been brought or removed thereto, that such suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of said district court”. The substituted language is sufficient. (See reviser’s note under .) The provisions of , U.S.C., 1940 ed., relating to dismissal for improper or collusive joinder in removal proceedings, are incorporated in . Other provisions of , U.S.C., 1940 ed., appear in .
Changes were made in phraseology.
Editorial Notes
Amendments
Pub. L. 102–5721992— substituted “Dismissal” for “District courts; dismissal” in section catchline and inserted reference to Court of Federal Claims in text.
Pub. L. 96–4171980— included dismissals in Court of International Trade for want of jurisdiction.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Pub. L. 102–572section 911 of Pub. L. 102–572section 171 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1980 Amendment
Pub. L. 96–417section 701(b)(1)(E) of Pub. L. 96–417section 251 of this titleAmendment by applicable with respect to civil actions commenced on or after , see , set out as a note under .