§ 1631. Transfer to cure want of jurisdiction

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. 1982

   Federal Courts Improvement Act of 1982

   Pub. L. 97–164 title III § 301(a) · 96 Stat. 25

   Enacted · 28 U.S.C. § 1631

   Added Pub. L. 97–164, title III, § 301(a), Apr. 2, 1982, 96 Stat. 55

   Source evidence

   Code source credit
   Added Pub. L. 97–164, title III, § 301(a), Apr. 2, 1982, 96 Stat. 55

   Enacted provision · exact public law section
   (a) Title 28, United States Code, is amended by adding the following new chapter after chapter 97: “CHAPTER 99.— GENERAL PROVISIONS “Sec. “1631. Transfer to cure want of jurisdiction. “§ 1631. Transfer to cure want of jurisdiction “Whenever a civil action is filed in a court as defined in section 610 of this title or an appeal, including a petition for review of administrative action, is noticed for or filed with such a court and that court finds that there is a want of jurisdiction, the court shall, if it is in the interest of justice, transfer such action or appeal to any other such court in which the action or appeal could have been brought at the time it was filed or noticed, and the action or appeal shall proceed as if it had been filed in or noticed for the court to which it is transferred on the date upon which it was actually filed in or noticed for the court from which it is transferred.”.

2. 2018

   Protecting Access to the Courts for Taxpayers Act

   Pub. L. 115–332 § 2 · 132 Stat. 4487

   Inserted · 28 U.S.C. § 1631

   Pub. L. 115–332 inserted “(or, for cases within the jurisdiction of the United States Tax Court, to that court)” after “any other such court”

   Source evidence

   Code amendment note
   Pub. L. 115–332 inserted “(or, for cases within the jurisdiction of the United States Tax Court, to that court)” after “any other such court”.

   Enacted provision · exact public law section
   SEC. 2. TRANSFER OF CERTAIN CASES.   Section 1631 of title 28, United States Code, is amended by inserting “(or, for cases within the jurisdiction of the United States Tax Court, to that court)” after “any other such court”.

2 of 2 references resolved to an enrolled provision