§ 1367. — Supplemental jurisdiction.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1367]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 85--DISTRICT COURTS; JURISDICTION
Sec. 1367. Supplemental jurisdiction
(a) Except as provided in subsections (b) and (c) or as expressly
provided otherwise by Federal statute, in any civil action of which the
district courts have original jurisdiction, the district courts shall
have supplemental jurisdiction over all other claims that are so related
to claims in the action within such original jurisdiction that they form
part of the same case or controversy under Article III of the United
States Constitution. Such supplemental jurisdiction shall include claims
that involve the joinder or intervention of additional parties.
(b) In any civil action of which the district courts have original
jurisdiction founded solely on section 1332 of this title, the district
courts shall not have supplemental jurisdiction under subsection (a)
over claims by plaintiffs against persons made parties under Rule 14,
19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by
persons proposed to be joined as plaintiffs under Rule 19 of such rules,
or seeking to intervene as plaintiffs under Rule 24 of such rules, when
exercising supplemental jurisdiction over such claims would be
inconsistent with the jurisdictional requirements of section 1332.
(c) The district courts may decline to exercise supplemental
jurisdiction over a claim under subsection (a) if--
(1) the claim raises a novel or complex issue of State law,
(2) the claim substantially predominates over the claim or
claims over which the district court has original jurisdiction,
(3) the district court has dismissed all claims over which it
has original jurisdiction, or
(4) in exceptional circumstances, there are other compelling
reasons for declining jurisdiction.
(d) The period of limitations for any claim asserted under
subsection (a), and for any other claim in the same action that is
voluntarily dismissed at the same time as or after the dismissal of the
claim under subsection (a), shall be tolled while the claim is pending
and for a period of 30 days after it is dismissed unless State law
provides for a longer tolling period.
(e) As used in this section, the term ``State'' includes the
District of Columbia, the Commonwealth of Puerto Rico, and any territory
or possession of the United States.
(Added Pub. L. 101-650, title III, Sec. 310(a), Dec. 1, 1990, 104 Stat.
5113.)
References in Text
The Federal Rules of Civil Procedure, referred to in subsec. (b),
are set out in the Appendix to this title.
Effective Date
Section 310(c) of Pub. L. 101-650 provided that: ``The amendments
made by this section [enacting this section] shall apply to civil
actions commenced on or after the date of the enactment of this Act
[Dec. 1, 1990].''
Section Referred to in Other Sections
This section is referred to in title 42 section 13981.
