§ 1391. Venue generally

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.

1. 1948

   Title 28, United States Code, section —

   Pub. L. 80–646 · 62 Stat. 869

   Enacted · 28 U.S.C. § 1391

   June 25, 1948, ch. 646, 62 Stat. 935

   Source evidence

   Code source credit
   June 25, 1948, ch. 646, 62 Stat. 935

2. 1962

   Pub. L. 87–748 § 2 · 76 Stat. 744

   Added · 28 U.S.C. § 1391(e)

   Pub. L. 87–748 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 87–748 added subsec. (e).

   Enacted provision · exact public law section
   Sec. 2. Section 1391 of title 28 of the United States Code is amended by adding at the end thereof the following new subsection: “(e) A civil action in which each defendant is an officer 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, may, except as otherwise provided by law, be brought in any judicial district in which: (1) a defendant in the action resides, or (2) the cause of action arose, or (3) any real property involved in the action is situated, or (4) the plaintiff resides if no real property is involved in the action. “The summons and complaint in such an action shall be served as Provided by the Federal Rules of Civil Procedure except that the 28 USC app. 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.”

3. 1963

   Pub. L. 88–234 · 77 Stat. 473

   Added · 28 U.S.C. § 1391(f)

   Pub. L. 88–234 added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 88–234 added subsec. (f)

4. 1966

   Pub. L. 89–714 § 1 · 80 Stat. 1111

   Changed · 28 U.S.C. § 1391(a)

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

   Source evidence

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

5. 1966

   Pub. L. 89–714 § 1 · 80 Stat. 1111

   Changed · 28 U.S.C. § 1391(b)

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

   Source evidence

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

6. 1966

   Pub. L. 89–714 § 2 · 80 Stat. 1111

   Repealed · 28 U.S.C. § 1391(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 omission complained of occurred. Present provisions are now contained in subsecs. (a) and (b) of this section

   Source evidence

   Code amendment note
   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 omission complained of occurred. Present provisions are now contained in subsecs. (a) and (b) of this section.

   Enacted provision · exact public law section
   Sec. 2. Subsection (f) of section 1391, title, 28, United States Code, Repeal. 77 Stat. 473. is hereby repealed.

7. 1976

   Pub. L. 94–574 § 3 · 90 Stat. 2721

   Changed · 28 U.S.C. § 1391(e)

   Pub. L. 94–574 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

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 94–574 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.

   Enacted provision · exact public law section
   Sec. 3. The first paragraph of section 1391(e) of title 28, United District courts, venue. States Code, is amended to read as follows: “(e) A civil action in which a defendant is an officer 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 Jaw, be brought in any judicial district in which (1) a defendant in the action resides, or (2) the cause of action arose, or (3) any real property involved in the action is situated, or (4) 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 28 USC app. Rules of Civil Procedure and with such other venue requirements as would be applicable if the United States or one of its officers, employees, or agencies were not a party.”.

8. 1976

   Foreign Sovereign Immunities Act of 1976

   Pub. L. 94–583 § 5 · 90 Stat. 2891

   Added · 28 U.S.C. § 1391(f)

   Pub. L. 94–583 added subsec. (f)

   Source evidence

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

   Enacted provision · exact public law section
   Sec. 5. That section 1891 of title 28, United States Code, is amended Venue. by adding at the end thereof the following new subsection: “(f) A civil action against a foreign state as defined in section 1603(a) of this title may be brought— “(1) in any judicial district in which 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; “(2) in any judicial district in which the vessel 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 agency or instrumentality is licensed to do business 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.”.

9. 1988

   Judicial Improvements and Access to Justice Act

   Pub. L. 100–702 title X § 1013(a) · 102 Stat. 4642

   Amended · 28 U.S.C. § 1391(c)

   Pub. L. 100–702 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.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 100–702 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.”

   Enacted provision · exact public law section
   (a) In General.— Section 1391(c) is amended to read as follows: “(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 defendant 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 contacts would be sufficient to subject it to personal jurisdiction if that district were a separate State, and, if there is no such district, the corporation shall be deemed to reside in the district within which it has the most significant contacts.”.

10. 1990

    Federal Courts Study Committee Implementation Act of 1990

    Pub. L. 101–650 § 311(1) · 104 Stat. 5089

    Substituted · 28 U.S.C. § 1391(a)

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

    Source evidence

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

    Enacted provision · exact public law section
    (1) in subsection (a), by striking out “the judicial district” and all that follows through “arose” and inserting in lieu thereof the following: “(1) a judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial district in which 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) a judicial district in which the defendants are subject to personal jurisdiction at the time the action is commenced”;

11. 1990

    Federal Courts Study Committee Implementation Act of 1990

    Pub. L. 101–650 § 311(2) · 104 Stat. 5089

    Substituted · 28 U.S.C. § 1391(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (2) in subsection (b), by striking out “may be brought” and all that follows through “law” and inserting in lieu thereof the following: “may, except as otherwise provided by law, be brought only if (1) a judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial district in which 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) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought”;

12. 1990

    Federal Courts Study Committee Implementation Act of 1990

    Pub. L. 101–650 § 311(3) · 104 Stat. 5089

    Substituted · 28 U.S.C. § 1391(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 property involved in the action is situated, or (4)”

    Source evidence

    Code amendment note
    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 property involved in the action is situated, or (4)”.

    Enacted provision · exact public law section
    (3) in subsection (e) by striking out “or (2)” and all that follows through “(4)”, and inserting in lieu thereof “(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)”.

13. 1991

    Pub. L. 102–198 § 3 · 105 Stat. 1623

    Substituted · 28 U.S.C. § 1391(b)

    Pub. L. 102–198 substituted “in (1)” for “if (1)”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–198 substituted “in (1)” for “if (1)”.

    Enacted provision · exact public law section
    SEC. 3. VENUE. Section 1391(b) of title 28, United States Code, as amended by section 311 of the Judicial Improvements Act of 1990, is amended by striking “if (1)” and inserting “in (1)”.

14. 1992

    Federal Courts Administration Act of 1992

    Pub. L. 102–572 title V § 504 · 106 Stat. 4506

    Inserted · 28 U.S.C. § 1391(a)(3)

    Pub. L. 102–572 inserted before period at end “, if there is no district in which the action may otherwise be brought”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 102–572 inserted before period at end “, if there is no district in which the action may otherwise be brought”.

    Enacted provision · exact public law section
    SEC. 504. VENUE IN DIVERSITY AND FEDERAL QUESTION CASES. Section 1391(a)(3) of title 28, United States Code, is amended by inserting before the period “, if there is no district in which the action may otherwise be brought”.

15. 1995

    Pub. L. 104–34 § 1 · 109 Stat. 293

    Substituted · 28 U.S.C. § 1391(a)(3)

    Pub. L. 104–34 substituted “any defendant is” for “the defendants are”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 104–34 substituted “any defendant is” for “the defendants are”.

    Enacted provision · exact public law section
    SECTION 1. VENUE. Paragraph (3) of section 1391(a) of title 28, United States Code, is amended by striking “the defendants are” and inserting “any defendant is”.

16. 2002

    Multiparty, Multiforum Trial Jurisdiction Act of 2002

    Pub. L. 107–273 div. C title I § 11020(b)(2) · 116 Stat. 1758

    Added · 28 U.S.C. § 1391(g)

    Pub. L. 107–273 added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 107–273 added subsec. (g).

    Enacted provision · exact public law section
    (2) Venue.— Section 1391 of title 28, United States Code, is amended by adding at the end the following: “(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.”.

17. 2011

    Federal Courts Jurisdiction and Venue Clarification Act of 2011

    Pub. L. 112–63 § 202(1) · 125 Stat. 763

    1. Added · 28 U.S.C. § 1391(a)(d)

       Pub. L. 112–63, § 202(1), added subsecs. (a) to (d)

    2. Struck · 28 U.S.C. § 1391(a)(d)

       Pub. L. 112–63, § 202(1), 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

    Source evidence

    Code amendment note
    Subsecs. (a) to (d). Pub. L. 112–63, § 202(1), 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.

    Enacted provision · exact public law section
    (1) By striking subsections (a) through (d) and inserting the following: “(a) Applicability of Section.— Except as otherwise provided by law— “(1) this section shall govern the venue of all civil actions brought in district courts of the United States; and “(2) the proper venue for a civil action shall be determined without regard to whether the action is local or transitory in nature. “(b) Venue in General.— A civil action may be brought in— “(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; “(2) a judicial district in which 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) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action. “(c) Residency.— For all venue purposes— “(1) a natural person, including an alien lawfully admitted for permanent residence in the United States, shall be deemed to reside in the judicial district in which that person is domiciled; “(2) an entity with the capacity to sue and be sued in its common name under applicable law, whether or not incorporated, shall be deemed to reside, if a defendant, in any judicial district in which such defendant is subject to the court’s personal jurisdiction with respect to the civil action in question and, if a plaintiff, only in the judicial district in which it maintains its principal place of business; and “(3) a defendant not resident in the United States may be sued in any judicial district, and the joinder of such a defendant shall be disregarded in determining where the action may be brought with respect to other defendants. “(d) Residency of Corporations in States With Multiple Districts.— For purposes of venue under this chapter, in a State which has more than one judicial district and in which a defendant 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 contacts would be sufficient to subject it to personal jurisdiction if that district were a separate State, and, if there is no such district, the corporation shall be deemed to reside in the district within which it has the most significant contacts.” .

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

18. 2011

    Federal Courts Jurisdiction and Venue Clarification Act of 2011

    Pub. L. 112–63 § 202(2) · 125 Stat. 763

    1. Inserted · 28 U.S.C. § 1391(e)

       Pub. L. 112–63, § 202(2), inserted subsec. heading

    2. Substituted · 28 U.S.C. § 1391(e)

       Pub. L. 112–63, § 202(2), substituted “(A)”, “(B)”, and “(C)” for “(1)”, “(2)”, and “(3)”, respectively, in first par.

    3. Amended · 28 U.S.C. § 1391(e)

       Pub. L. 112–63, § 202(2), designated first and second pars. as pars. (1) and (2), respectively

    4. Inserted · 28 U.S.C. § 1391(e)

       Pub. L. 112–63, § 202(2), inserted par. headings

    Source evidence

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

    Enacted provision · exact public law section
    (2) In subsection (e)— (A) in the first paragraph— (i) by striking “(1)”, “(2)”, and “(3)” and inserting “(A)”, “(B)”, and “(C)”, respectively; and (ii) by striking “(e) A civil action” and inserting the following: “(e) Actions Where Defendant Is Officer or Employee of the United States.— “(1) In general.— A civil action” ; and (B) in the second undesignated paragraph by striking “The summons and complaint” and inserting the following: “(2) Service.— The summons and complaint” .

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

19. 2011

    Federal Courts Jurisdiction and Venue Clarification Act of 2011

    Pub. L. 112–63 § 202(3) · 125 Stat. 763

    Inserted · 28 U.S.C. § 1391(f)

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

    Source evidence

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

    Enacted provision · exact public law section
    (3) In subsection (f), by striking “(f) A civil action” and inserting “(f) Civil Actions Against a Foreign State.—A civil action”.

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

20. 2011

    Federal Courts Jurisdiction and Venue Clarification Act of 2011

    Pub. L. 112–63 § 202(4) · 125 Stat. 763

    Inserted · 28 U.S.C. § 1391(g)

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

    Source evidence

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

    Enacted provision · exact public law section
    (4) In subsection (g), by striking “(g) A civil action” and inserting “(g) Multiparty, Multiforum Litigation.—A civil action”.

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

20 of 24 references resolved to an enrolled provision · 4 partial