28 U.S.C. § 1391

Historical and Revision Notes

Mar. 3, 1911, ch. 23136 Stat. 1101Sept. 19, 1922, ch. 34542 Stat. 849Mar. 4, 1925, ch. 526, § 143 Stat. 1264Apr. 16, 1936, ch. 23049 Stat. 1213Based on title 28, U.S.C., 1940 ed., §§ 111, 112 (, §§ 50, 51, ; , ; , ; , ).

section 111 of title 28Section consolidates , U.S.C., 1940 ed., with part of section 112 of such title.

section 112 of title 28The portion of , 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.

section 111 of title 28Provision in , 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 prejudice 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.

Ex parte ShawStandard Stoker Co., Inc. v. LowerEdgewater Realty Co. v. Tennessee Coal, Iron & Railroad CoWord “reside” was substituted for “whereof he is an inhabitant” for clarity inasmuch as “inhabitant” and “resident” are synonymous. (See , 1892, 12 S.Ct. 935, 145 U.S. 444, 36 L.Ed. 768; , D.C., 1931, 46 F.2d 678; ., D.C., 1943, 49 F.Supp. 807.)

Smith v. LyonHooe v. JamiesonFetzer v. LivermoreReference 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 , 1890, 10 S.Ct. 303, 133 U.S. 315, 33 L.Ed. 635; , 1897, 17 S.Ct. 596, 166 U.S. 395, 41 L.Ed. 1049; and , D.C., 1926, 15 F.2d 462.)

section 111 of title 28Camp v. GressIn subsection (c), references to defendants “found” within a district or voluntarily appearing were omitted. The use of the word “found” made , U.S.C., 1940 ed., ambiguous. The argument that an action could be brought in the district where one defendant resided and a nonresident defendant was “found,” was rejected in , 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.

Sandusky Foundry & Machine Co. v. DeLavandKeating v. Pennsylvania CoSubsection (d) of this section is added to give statutory recognition to the weight of authority concerning a rule of venue as to which there has been a sharp conflict of decisions. (See , 1918, D.C.Ohio, 251 F. 631, 632, and cases cited. See also ., 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

Pub. L. 112–63, § 202(1)2011—Subsecs. (a) to (d). , 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.

Pub. L. 112–63, § 202(2)Subsec. (e). , 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.

Pub. L. 112–63, § 202(3)Subsec. (f). , inserted heading.

Pub. L. 112–63, § 202(4)Subsec. (g). , inserted heading.

Pub. L. 107–2732002—Subsec. (g). added subsec. (g).

Pub. L. 104–341995—Subsec. (a)(3). substituted “any defendant is” for “the defendants are”.

Pub. L. 102–5721992—Subsec. (a)(3). inserted before period at end “, if there is no district in which the action may otherwise be brought”.

Pub. L. 102–1981991—Subsec. (b). substituted “in (1)” for “if (1)”.

Pub. L. 101–650, § 311(1)1990—Subsec. (a). , substituted cls. (1) to (3) for “the judicial district where all plaintiffs or all defendants reside, or in which the claim arose”.

Pub. L. 101–650, § 311(2)Subsec. (b). , 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”.

Pub. L. 101–650, § 311(3)Subsec. (e). , 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 property involved in the action is situated, or (4)”.

Pub. L. 100–7021988—Subsec. (c). amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “A corporation may be sued in any judicial district in which it is incorporated or licensed to do business or is doing business, and such judicial district shall be regarded as the residence of such corporation for venue purposes.”

Pub. L. 94–5741976—Subsec. (e). provided that, in actions against the United States, its agencies, or officers or employees in their official capacities, additional persons may be joined in accordance with the Federal Rules of Civil Procedure and with other venue requirements which would be applicable if the United States, its agencies, or one of its officers or employees were not a party.

Pub. L. 94–583Subsec. (f). added subsec. (f).

Pub. L. 89–714, § 11966—Subsec. (a). , authorized a civil action to be brought in the judicial district in which the claim arose.

Pub. L. 89–714, § 1Subsec. (b). , authorized a civil action to be brought in the judicial district in which the claim arose.

Pub. L. 89–714, § 2Subsec. (f). , 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 omission complained of occurred. Present provisions are now contained in subsecs. (a) and (b) of this section.

Pub. L. 88–2341963—Subsec. (f). added subsec. (f)

Pub. L. 87–7481962—Subsec. (e). added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Pub. L. 112–63Dec. 7, 2011section 205 of Pub. L. 112–63section 1390 of this titleAmendment by effective upon the expiration of the 30-day period beginning on , 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 effective date, see , set out as an Effective Date note under .

Effective Date of 2002 Amendment

Pub. L. 107–273Nov. 2, 2002section 11020(c) of Pub. L. 107–273section 1369 of this titleAmendment by applicable to a civil action if the accident giving rise to the cause of action occurred on or after the 90th day after , see , set out as an Effective Date note under .

Effective Date of 1992 Amendment

Pub. L. 102–572Jan. 1, 1993section 1101(a) of Pub. L. 102–572section 905 of Title 2Amendment by effective , see , set out as a note under , The Congress.

Effective Date of 1988 Amendment

Pub. L. 100–702, title X, § 1013(b)Nov. 19, 1988102 Stat. 4669

Effective Date of 1976 Amendment

Pub. L. 94–583Oct. 21, 1976section 8 of Pub. L. 94–583section 1602 of this titleAmendment by effective 90 days after , see , set out as an Effective Date note under .