Skip to content

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.

  1. 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. 955

  2. Customs 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.

  3. Court of Federal Claims Technical and Procedural Improvements Act of 1992

    Pub. L. 102–572 title IX § 908(a) · 106 Stat. 4506

    1. Substituted · 28 U.S.C. § 1919

      Pub. L. 102–572 substituted “Dismissal” for “District courts; dismissal” in section catchline

    2. 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
  1. 1948June 25, 1948, ch. 646, 62 Stat. 955
  2. 1980Pub. L. 96–417, title V, § 510, , 94 Stat. 1743
  3. 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.)

Parsed from the official OLRC USLM XML in data/usc_all/usc28.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t28/s1919