Title 28 — Judiciary and Judicial Procedure
Part IV · Chapter 87 — District Courts; Venue
§ 1406. Cure or waiver of defects
Statutory text
The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.
Nothing in this chapter shall impair the jurisdiction of a district court of any matter involving a party who does not interpose timely and sufficient objection to the venue.
As used in this section, the term “district court” includes the District Court of Guam, the District Court for the Northern Mariana Islands, and the District Court of the Virgin Islands, and the term “district” includes the territorial jurisdiction of each such court.
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.
Title 28, United States Code, section —
Pub. L. 80–646 · 62 Stat. 869
Enacted · 28 U.S.C. § 1406
June 25, 1948, ch. 646, 62 Stat. 937
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 937Public Law not identified
Inserted · 28 U.S.C. § 1406(a)
Subsec. (a). Act May 24, 1949, inserted “dismiss, or if it be in the interest of justice”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (a). Act May 24, 1949, inserted “dismiss, or if it be in the interest of justice”.Pub. L. 86–770 § 1 · 74 Stat. 912
Added · 28 U.S.C. § 1406(c)
Pub. L. 86–770 added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 86–770 added subsec. (c).Pub. L. 87–845 § 10 · 76A Stat. 699
Added · 28 U.S.C. § 1406(d)
Pub. L. 87–845 added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 87–845 added subsec. (d).Federal Courts Improvement Act of 1982
Pub. L. 97–164 title I § 132 · 96 Stat. 25
Redesignated · 28 U.S.C. § 1406(c); 28 U.S.C. § 1406(d)
Pub. L. 97–164 redesignated subsec. (d) as (c). Former subsec. (c), which provided that if a case within the exclusive jurisdiction of the Court of Claims were filed in a district court, the district court, if it were in the interest of justice, was required to transfer the case to the Court of Claims where the case would proceed as if it had been filed in the Court of Claims on the date that it was filed in the district court, was struck out
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 97–164 redesignated subsec. (d) as (c). Former subsec. (c), which provided that if a case within the exclusive jurisdiction of the Court of Claims were filed in a district court, the district court, if it were in the interest of justice, was required to transfer the case to the Court of Claims where the case would proceed as if it had been filed in the Court of Claims on the date that it was filed in the district court, was struck out.Enacted provision · exact public law section
Sec. 132. cure or waiver of defects Section 1406 of title 28, United States Code, is amended— (1) by repealing subsection (c); and (2) by redesignating subsection (d) as subsection (c).Pub. L. 104–317 title VI § 610(b) · 110 Stat. 3847
Amended · 28 U.S.C. § 1406(c)
Pub. L. 104–317 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “As used in this section, ‘district court’ includes the United States District Court for the District of the Canal Zone; and ‘district’ includes the territorial jurisdiction of that court.”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 104–317 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “As used in this section, ‘district court’ includes the United States District Court for the District of the Canal Zone; and ‘district’ includes the territorial jurisdiction of that court.”Enacted provision · exact public law section
(b) Cure or Waiver of Defects.— Section 1406(c) of title 28, United States Code, is amended to read as follows: “(c) As used in this section, the term ‘district court’ includes the District Court of Guam, the District Court for the Northern Mariana Islands, and the District Court of the Virgin Islands, and the term ‘district’ includes the territorial jurisdiction of each such court.”.Effective date note
Amendment by Pub. L. 104–317 applicable to cases pending on Oct. 19, 1996, and to cases commenced on or after such date, see section 610(c) of Pub. L. 104–317, set out as a note under section 1404 of this title.
2 of 6 references resolved to an enrolled provision · 3 partial · 1 unresolved
Notes
Historical and Revision Notes
1948 Act
Subsection (a) provides statutory sanction for transfer instead of dismissal, where venue is improperly laid.
Subsection (b) is declaratory of existing law. (See Panama R.R. Co. v. Johnson, 1924, 44 S.Ct. 391, 264 U.S. 375, 68 L.Ed. 748.) It makes clear the intent of Congress that venue provisions are not jurisdictional but may be waived.
1949 Act
This section removes an ambiguity in section 1406(a) of title 28, U.S.C., by substituting “may” for “shall”, thus making it clear that the court may decline to transfer a case brought in the wrong district under circumstances where it would not be in the interest of justice to make such transfer. [The amendment to section 1406(a) of this title described in this note was altered in the bill as enacted. See Cong. Rec., vol. 95, pt. 5, pp. 5826, 5827, 6283, 6284.]
Editorial Notes
Amendments1949–1996 · 5 rounds
1996
Subsec. (c). Pub. L. 104–317 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “As used in this section, ‘district court’ includes the United States District Court for the District of the Canal Zone; and ‘district’ includes the territorial jurisdiction of that court.”
1982
Subsecs. (c), (d). Pub. L. 97–164 redesignated subsec. (d) as (c). Former subsec. (c), which provided that if a case within the exclusive jurisdiction of the Court of Claims were filed in a district court, the district court, if it were in the interest of justice, was required to transfer the case to the Court of Claims where the case would proceed as if it had been filed in the Court of Claims on the date that it was filed in the district court, was struck out.
1962
Subsec. (d). Pub. L. 87–845 added subsec. (d).
1960
Subsec. (c). Pub. L. 86–770 added subsec. (c).
1949
Subsec. (a). Act , inserted “dismiss, or if it be in the interest of justice”.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–317 applicable to cases pending on , and to cases commenced on or after such date, see section 610(c) of Pub. L. 104–317, set out as a note under section 1404 of this title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–164 effective , see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.
Effective Date of 1962 Amendment
Amendment by Pub. L. 87–845 effective , see section 25 of Pub. L. 87–845, set out as a note under section 414 of this title.
Effective Date of 1960 Amendment
Pub. L. 86–770, § 4, , 74 Stat. 913, provided in part that: “The amendments made by sections 1 and 2 of this Act [adding subsec. (c) of this section and section 1506 of this title] shall apply to any case or proceeding pending on, or brought after, the date of enactment of this Act [] in the district courts or the Court of Claims.”
Credits
1948–1996 · 6 acts
- 1948June 25, 1948, ch. 646, 62 Stat. 937
- 1949May 24, 1949, ch. 139, § 81, 63 Stat. 101
- 1960Pub. L. 86–770, § 1, , 74 Stat. 912
- 1962Pub. L. 87–845, § 10, , 76A Stat. 699
- 1982Pub. L. 97–164, title I, § 132, , 96 Stat. 39
- 1996Pub. L. 104–317, title VI, § 610(b), , 110 Stat. 3860.
Show as published
(June 25, 1948, ch. 646, 62 Stat. 937; May 24, 1949, ch. 139, § 81, 63 Stat. 101; Pub. L. 86–770, § 1, , 74 Stat. 912; Pub. L. 87–845, § 10, , 76A Stat. 699; Pub. L. 97–164, title I, § 132, , 96 Stat. 39; Pub. L. 104–317, title VI, § 610(b), , 110 Stat. 3860.)