§ 1351. Consuls, vice consuls, and members of a diplomatic mission as defendant

Statutory text

The district courts shall have original jurisdiction, exclusive of the courts of the States, of all civil actions and proceedings against—

consuls or vice consuls of foreign states; or

members of a mission or members of their families (as such terms are defined in section 2 of the Diplomatic Relations Act).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1948
Title 28, United States Code, section —
Pub. L. 80–646 · 62 Stat. 869
Enacted · 28 U.S.C. § 1351
June 25, 1948, ch. 646, 62 Stat. 934
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 934
1978
Diplomatic Relations Act
Pub. L. 95–393 § 8(a)(1) · 92 Stat. 808
1. Substituted · 28 U.S.C. § 1351
  Pub. L. 95–393 substituted “Consuls, vice consuls, and members of a diplomatic mission as defendant” for “Consuls and vice consuls as defendants” in section catchline
2. Amended · 28 U.S.C. § 1351
  Pub. L. 95–393 designated existing provisions as introductory provision preceding par. (1), and in such introductory provision as so designated
3. Substituted · 28 U.S.C. § 1351
  Pub. L. 95–393 substituted “civil actions and proceedings against—” for “actions and proceedings against consuls or vice consuls of foreign states”
4. Added · 28 U.S.C. § 1351
  Pub. L. 95–393 added pars. (1) and (2)
Source evidence
Code amendment note
Pub. L. 95–393 substituted “Consuls, vice consuls, and members of a diplomatic mission as defendant” for “Consuls and vice consuls as defendants” in section catchline, designated existing provisions as introductory provision preceding par. (1), and in such introductory provision as so designated, substituted “civil actions and proceedings against—” for “actions and proceedings against consuls or vice consuls of foreign states”, and added pars. (1) and (2).
Enacted provision · exact public law section
(1) Section 1351 of title 28, United States Code, is amended to read as follows: “§ 1351. Consuls, vice consuls, and members of a diplomatic mission as defendant “The district courts shall have original jurisdiction, exclusive of the courts of the States, of all civil actions and proceedings against— “(1) consuls or vice consuls of foreign states; or “(2) members of a mission or members of their families (as such terms are defined in section 2 of the Diplomatic Relations Act).”.
Effective date note
Amendment by Pub. L. 95–393 effective at end of ninety-day period beginning on Sept. 30, 1978, see section 9 of Pub. L. 95–393, set out as an Effective Date note under section 254a of Title 22, Foreign Relations and Intercourse.

4 of 5 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§ 41(18), 371(8) (Mar. 3, 1911, ch. 231, §§ 24, par. 18, 256, par. 8, 36 Stat. 1093, 1160).

Words “civil action” were substituted for “suits,” and “all suits and proceedings” in view of Rule 2 of the Federal Rules of Civil Procedure.

Changes were made in phraseology.

Editorial Notes

References in Text

Section 2 of the Diplomatic Relations Act, referred to in par. (2), is classified to section 254a of Title 22, Foreign Relations and Intercourse.

Amendments1949–1978 · 2 rounds

1978

Pub. L. 95–393 substituted “Consuls, vice consuls, and members of a diplomatic mission as defendant” for “Consuls and vice consuls as defendants” in section catchline, designated existing provisions as introductory provision preceding par. (1), and in such introductory provision as so designated, substituted “civil actions and proceedings against—” for “actions and proceedings against consuls or vice consuls of foreign states”, and added pars. (1) and (2).

1949

Act May 24, 1949, substituted “of all actions and proceedings” for “of any civil action”.

Statutory Notes and Related Subsidiaries

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–393 effective at end of ninety-day period beginning on Sept. 30, 1978, see section 9 of Pub. L. 95–393, set out as an Effective Date note under section 254a of Title 22, Foreign Relations and Intercourse.

Credits

1948–1978 · 3 acts

1948June 25, 1948, ch. 646, 62 Stat. 934
1949May 24, 1949, ch. 139, § 80(c), 63 Stat. 101
1978Pub. L. 95–393, § 8(a)(1), Sept. 30, 1978, 92 Stat. 810.

Show as published

(June 25, 1948, ch. 646, 62 Stat. 934; May 24, 1949, ch. 139, § 80(c), 63 Stat. 101; Pub. L. 95–393, § 8(a)(1), Sept. 30, 1978, 92 Stat. 810.)