§ 1390. Scope

Statutory text

Venue Defined.—

As used in this chapter, the term “venue” refers to the geographic specification of the proper court or courts for the litigation of a civil action that is within the subject-matter jurisdiction of the district courts in general, and does not refer to any grant or restriction of subject-matter jurisdiction providing for a civil action to be adjudicated only by the district court for a particular district or districts.

Exclusion of Certain Cases.—

Except as otherwise provided by law, this chapter shall not govern the venue of a civil action in which the district court exercises the jurisdiction conferred by section 1333, except that such civil actions may be transferred between district courts as provided in this chapter.

Clarification Regarding Cases Removed From State Courts.—

This chapter shall not determine the district court to which a civil action pending in a State court may be removed, but shall govern the transfer of an action so removed as between districts and divisions of the United States district courts.

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.

2011
Federal Courts Jurisdiction and Venue Clarification Act of 2011
Pub. L. 112–63 title II § 201(a) · 125 Stat. 762
Enacted · 28 U.S.C. § 1390
(Added Pub. L. 112–63, title II, § 201(a), Dec. 7, 2011, 125 Stat. 762.)
Source evidence
Code source credit
(Added Pub. L. 112–63, title II, § 201(a), Dec. 7, 2011, 125 Stat. 762.)
Enacted provision · exact public law section
(a) In General.— Chapter 87 of title 28, United States Code, is amended by inserting before section 1391 the following new section: “§ 1390. Scope “(a) Venue Defined.— As used in this chapter, the term ‘venue’ refers to the geographic specification of the proper court or courts for the litigation of a civil action that is within the subject-matter jurisdiction of the district courts in general, and does not refer to any grant or restriction of subject-matter jurisdiction providing for a civil action to be adjudicated only by the district court for a particular district or districts. “(b) Exclusion of Certain Cases.— Except as otherwise provided by law, this chapter shall not govern the venue of a civil action in which the district court exercises the jurisdiction conferred by section 1333, except that such civil actions may be transferred between district courts as provided in this chapter. “(c) Clarification Regarding Cases Removed From State Courts.— This chapter shall not determine the district court to which a civil action pending in a State court may be removed, but shall govern the transfer of an action so removed as between districts and divisions of the United States district courts.” .

1 of 1 references resolved to an enrolled provision

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 112–63, title II, § 205, Dec. 7, 2011, 125 Stat. 764, provided that:

“The amendments made by this title [enacting this section, amending sections 1391 and 1404 of this title, and repealing section 1392 of this title]—
“(1)
shall take effect upon the expiration of the 30-day period beginning on the date of the enactment of this Act [Dec. 7, 2011]; and
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“(2)
shall apply to—
“(A)
any action that is commenced in a United States district court on or after such effective date; and
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“(B)
any action that is removed from a State court to a United States district court and that had been commenced, within the meaning of State law, on or after such effective date.”
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Credits

(Added Pub. L. 112–63, title II, § 201(a), Dec. 7, 2011, 125 Stat. 762.)