Venue Rules in the United States Federal Courts | Lecture notes Civil procedure

Page 358 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1391

1984—Pub. L. 98–353, title I, § 102(b), July 10, 1984, 98

Stat. 335, added items 1408 to 1412.

1978—Pub. L. 95–598, title II, § 240(b), Nov. 6, 1978, 92

Stat. 2668, directed the addition of item 1408, ‘‘Bank-

ruptcy appeals’’, which amendment did not become ef-

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.

§ 1391. Venue generally

(a) A civil action wherein jurisdiction is

founded only on diversity of citizenship may, ex-

cept as otherwise provided by law, be brought

only in (1) a judicial district where any defend-

ant resides, if all defendants reside in the same

State, (2) a judicial district in which a substan-

tial 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 situ-

ated, or (3) a judicial district in which any de-

fendant is subject to personal jurisdiction at the

time the action is commenced, if there is no dis-

trict in which the action may otherwise be

brought.

(b) A civil action wherein jurisdiction is not

founded solely on diversity of citizenship may,

except as otherwise provided by law, be brought

only in (1) a judicial district where any defend-

ant resides, if all defendants reside in the same

State, (2) a judicial district in which a substan-

tial 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 situ-

ated, or (3) a judicial district in which any de-

fendant may be found, if there is no district in

which the action may otherwise be brought.

defendant that is a corporation shall be deemed

to reside in any judicial district in which it is

subject to personal jurisdiction at the time the

action is commenced. In a State which has more

than one judicial district and in which a defend-

ant that is a corporation is subject to personal

jurisdiction at the time an action is commenced,

such corporation shall be deemed to reside in

any district in that State within which its con-

tacts would be sufficient to subject it to per-

sonal 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.

(d) An alien may be sued in any district.

(e) A civil action in which a defendant is an of-

ficer or employee of the United States or any

agency thereof acting in his official capacity or

under color of legal authority, or an agency of

the United States, or the United States, may,

except as otherwise provided by law, be brought

in any judicial district in which (1) a defendant

in the action resides, (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) the

plaintiff 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 ap-

plicable if the United States or one of its offi-

cers, employees, or agencies were not a party.

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 complaint to the officer or

agency as required by the rules may be made by

certified mail beyond the territorial limits of

the district in which the action is brought.

(f) A civil action against a foreign state as de-

fined 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) 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 defendant 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.)

ISTORICAL AND

EVISION

OTES

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.,

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§ 1391 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE Page 358

1984—Pub. L. 98–353, title I, § 102(b), July 10, 1984, 98 Stat. 335, added items 1408 to 1412. 1978—Pub. L. 95–598, title II, § 240(b), Nov. 6, 1978, 92 Stat. 2668, directed the addition of item 1408, ‘‘Bank- ruptcy appeals’’, which amendment did not become ef- 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.

§ 1391. Venue generally

(a) A civil action wherein jurisdiction is

founded only on diversity of citizenship may, ex-

cept as otherwise provided by law, be brought

only in (1) a judicial district where any defend-

ant resides, if all defendants reside in the same

State, (2) a judicial district in which a substan-

tial 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 situ-

ated, or (3) a judicial district in which any de-

fendant is subject to personal jurisdiction at the

time the action is commenced, if there is no dis-

trict in which the action may otherwise be

brought.

(b) A civil action wherein jurisdiction is not

founded solely on diversity of citizenship may,

except as otherwise provided by law, be brought

only in (1) a judicial district where any defend-

ant resides, if all defendants reside in the same

State, (2) a judicial district in which a substan-

tial 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 situ-

ated, or (3) a judicial district in which any de-

fendant may be found, if there is no district in

which the action may otherwise be brought.

(c) For purposes of venue under this chapter, a

defendant that is a corporation shall be deemed

to reside in any judicial district in which it is

subject to personal jurisdiction at the time the

action is commenced. In a State which has more

than one judicial district and in which a defend-

ant that is a corporation is subject to personal

jurisdiction at the time an action is commenced,

such corporation shall be deemed to reside in

any district in that State within which its con-

tacts would be sufficient to subject it to per-

sonal 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.

(d) An alien may be sued in any district.

(e) A civil action in which a defendant is an of-

ficer or employee of the United States or any

agency thereof acting in his official capacity or

under color of legal authority, or an agency of

the United States, or the United States, may,

except as otherwise provided by law, be brought

in any judicial district in which (1) a defendant

in the action resides, (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) the

plaintiff 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 ap-

plicable if the United States or one of its offi-

cers, employees, or agencies were not a party.

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 complaint to the officer or

agency as required by the rules may be made by

certified mail beyond the territorial limits of

the district in which the action is brought.

(f) A civil action against a foreign state as de-

fined 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) 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 defendant 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.)

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.,

Page 359 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1392

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. REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (e), are set out in the Appendix to this title.

AMENDMENTS 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- 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).

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 Section 1013(b) of title X of Pub. L. 100–702 provided that: ‘‘The amendment made by this section [amending this section] takes effect 90 days after the date of en- actment 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. Defendants or property in different dis-

tricts in same State

Any civil action, of a local nature, involving

property located in different districts in the

same State, may be brought in any of such dis-

tricts.

(June 25, 1948, ch. 646, 62 Stat. 935; Pub. L.

104–220, § 1, Oct. 1, 1996, 110 Stat. 3023.)

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., §§ 113, 116 (Mar. 3, 1911, ch. 231, §§ 52, 55, 36 Stat. 1101, 1102). Section consolidates section 113 of title 28, U.S.C., 1940 ed., with section 116 of such title. Last sentence of section 113 of title 28, U.S.C., 1940 ed., relating to execution on judgments or decrees, was omitted as covered by section 2001 et seq. of this title. Words ‘‘civil action’’ were substituted for ‘‘suit’’ in view of Rule 2 of the Federal Rules of Civil Procedure. Words of said section 113, ‘‘against a single defendant, inhabitant of such State, must be brought in the dis- trict where he resides’’ were omitted as covered by sec- tion 1391 of this title. Words of section 116 of title 28, U.S.C., 1940 ed., ‘‘land or other subject matter of a fixed character’’ were de- leted and the word ‘‘property’’ substituted for flexibil- ity and uniformity. (See sections 754, 1692, of this title and reviser’s notes thereunder.) Words of said section 116, ‘‘and the court in which it is brought shall have jurisdiction to hear and decide it, and to cause mesne or final process to be issued and ex- ecuted, as fully as if the said subject matter were whol- ly within the district for which such court is con- stituted’’ were omitted as surplusage and fully covered by Rule 4 of the Federal Rules of Civil Procedure. Said rule also covers the following omitted language: ‘‘A du- plicate writ may be issued against the defendants, di- rected to the marshal of any other district in which any defendant resides.’’ Changes were made in phraseology.

AMENDMENTS 1996—Pub. L. 104–220 struck out ‘‘(b)’’ before ‘‘Any civil action’’ and struck out subsec. (a) which read as

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§ 1391 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE Page 358

§ 1391. Venue generally

(a) A civil action wherein jurisdiction is

founded only on diversity of citizenship may, ex-

cept as otherwise provided by law, be brought

only in (1) a judicial district where any defend-

ant resides, if all defendants reside in the same

State, (2) a judicial district in which a substan-

tial 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 situ-

ated, or (3) a judicial district in which any de-

fendant is subject to personal jurisdiction at the

time the action is commenced, if there is no dis-

trict in which the action may otherwise be

brought.

(b) A civil action wherein jurisdiction is not

founded solely on diversity of citizenship may,

except as otherwise provided by law, be brought

only in (1) a judicial district where any defend-

ant resides, if all defendants reside in the same

State, (2) a judicial district in which a substan-

tial 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 situ-

ated, or (3) a judicial district in which any de-

fendant may be found, if there is no district in

which the action may otherwise be brought.

(c) For purposes of venue under this chapter, a

defendant that is a corporation shall be deemed

to reside in any judicial district in which it is

subject to personal jurisdiction at the time the

action is commenced. In a State which has more

than one judicial district and in which a defend-

ant that is a corporation is subject to personal

jurisdiction at the time an action is commenced,

such corporation shall be deemed to reside in

any district in that State within which its con-

tacts would be sufficient to subject it to per-

sonal 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.

(d) An alien may be sued in any district.

(e) A civil action in which a defendant is an of-

ficer or employee of the United States or any

agency thereof acting in his official capacity or

under color of legal authority, or an agency of

the United States, or the United States, may,

except as otherwise provided by law, be brought

in any judicial district in which (1) a defendant

in the action resides, (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) the

plaintiff 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 ap-

plicable if the United States or one of its offi-

cers, employees, or agencies were not a party.

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 complaint to the officer or

agency as required by the rules may be made by

certified mail beyond the territorial limits of

the district in which the action is brought.

(f) A civil action against a foreign state as de-

fined 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