Title 28 — Judiciary and Judicial Procedure
Part V · Chapter 123 — Fees and Costs
§ 1919. Dismissal for lack of jurisdiction
Statutory text
Whenever any action or suit is dismissed in any district court, the Court of International Trade, or the Court of Federal Claims for want of jurisdiction, such court may order the payment of just costs.
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. § 1919
June 25, 1948, ch. 646, 62 Stat. 955
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 955Customs Courts Act of 1980
Pub. L. 96–417 title V § 510 · 94 Stat. 1727
Changed · 28 U.S.C. § 1919
Pub. L. 96–417 included dismissals in Court of International Trade for want of jurisdiction
Source evidence
Code amendment note
Pub. L. 96–417 included dismissals in Court of International Trade for want of jurisdiction.Enacted provision · exact public law section
Sec. 510. Section 1919 of title 28, United States Code, is amended by inserting “or the Court of International Trade” immediately after “court” the first place it appears.Court of Federal Claims Technical and Procedural Improvements Act of 1992
Pub. L. 102–572 title IX § 908(a) · 106 Stat. 4506
Substituted · 28 U.S.C. § 1919
Pub. L. 102–572 substituted “Dismissal” for “District courts; dismissal” in section catchline
Inserted · 28 U.S.C. § 1919
Pub. L. 102–572 inserted reference to Court of Federal Claims in text
Source evidence
Code amendment note
Pub. L. 102–572 substituted “Dismissal” for “District courts; dismissal” in section catchline and inserted reference to Court of Federal Claims in text.Enacted provision · exact public law section
(a) Award of Costs.— Section 1919 of title 28, United States Code, is amended— (1) by striking “district court or” and inserting “district court,”; and (2) by inserting after “Trade” the following: “, or the Court of Federal Claims”.Effective date note
Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
3 of 4 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 80 (Mar. 3, 1911, ch. 231, § 37, 36 Stat. 1098).
Words “dismissed for want of jurisdiction” were substituted for “it shall appear to the satisfaction of the said district court, at any time after such suit has been brought or removed thereto, that such suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of said district court”. The substituted language is sufficient. (See reviser’s note under section 1359 of this title.) The provisions of section 80 of title 28, U.S.C., 1940 ed., relating to dismissal for improper or collusive joinder in removal proceedings, are incorporated in section 1359 of this title. Other provisions of section 80 of title 28, U.S.C., 1940 ed., appear in section 1447 of this title.
Changes were made in phraseology.
Editorial Notes
Amendments1980–1992 · 2 rounds
1992
Pub. L. 102–572 substituted “Dismissal” for “District courts; dismissal” in section catchline and inserted reference to Court of Federal Claims in text.
1980
Pub. L. 96–417 included dismissals in Court of International Trade for want of jurisdiction.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–572 effective , see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–417 applicable with respect to civil actions commenced on or after , see section 701(b)(1)(E) of Pub. L. 96–417, set out as a note under section 251 of this title.
Credits
1948–1992 · 3 acts
- 1948June 25, 1948, ch. 646, 62 Stat. 955
- 1980Pub. L. 96–417, title V, § 510, , 94 Stat. 1743
- 1992Pub. L. 102–572, title IX, § 908(a), (b)(1), , 106 Stat. 4519.
Show as published
(June 25, 1948, ch. 646, 62 Stat. 955; Pub. L. 96–417, title V, § 510, , 94 Stat. 1743; Pub. L. 102–572, title IX, § 908(a), (b)(1), , 106 Stat. 4519.)