§ 1391. — Venue generally.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1391]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 87--DISTRICT COURTS; VENUE
Sec. 1391. Venue generally
(a) A civil action wherein jurisdiction is founded only on diversity
of citizenship may, except as otherwise provided by law, be brought only
in (1) a judicial district where any defendant resides, if all
defendants reside in the same State, (2) a judicial district in which a
substantial part of the events or omissions giving rise to the claim
occurred, or a substantial part of property that is the subject of the
action is situated, or (3) a judicial district in which any defendant is
subject to personal jurisdiction at the time the action is commenced, if
there is no district in which the action may otherwise be brought.
(b) A civil action wherein jurisdiction is not founded solely on
diversity of citizenship may, except as otherwise provided by law, be
brought only in (1) a judicial district where any defendant resides, if
all defendants reside in the same State, (2) a judicial district in
which a substantial part of the events or omissions giving rise to the
claim occurred, or a substantial part of property that is the subject of
the action is situated, or (3) a judicial district in which any
defendant may be found, if there is no district in which the action may
otherwise be brought.
(c) For purposes of venue under this chapter, a defendant that is a
corporation shall be deemed to reside in any judicial district in which
it is subject to personal jurisdiction at the time the action is
commenced. In a State which has more than one judicial district and in
which a defendant that is a corporation is subject to personal
jurisdiction at the time an action is commenced, such corporation shall
be deemed to reside in any district in that State within which its
contacts would be sufficient to subject it to personal jurisdiction if
that district were a separate State, and, if there is no such district,
the corporation shall be deemed to reside in the district within which
it has the most significant contacts.
(d) An alien may be sued in any district.
(e) A civil action in which a defendant is an officer or employee of
the United States or any agency thereof acting in his official capacity
or under color of legal authority, or an agency of the United States, or
the United States, may, except as otherwise provided by law, be brought
in any judicial district in which (1) a defendant in the action resides,
(2) a substantial part of the events or omissions giving rise to the
claim occurred, or a substantial part of property that is the subject of
the action is situated, or (3) the plaintiff resides if no real property
is involved in the action. Additional persons may be joined as parties
to any such action in accordance with the Federal Rules of Civil
Procedure and with such other venue requirements as would be applicable
if the United States or one of its officers, employees, or agencies were
not a party.
The summons and complaint in such an action shall be served as
provided by the Federal Rules of Civil Procedure except that the
delivery of the summons and complaint to the officer or agency as
required by the rules may be made by certified mail beyond the
territorial limits of the district in which the action is brought.
(f) A civil action against a foreign state as defined in section
1603(a) of this title may be brought--
(1) in any judicial district in which a substantial part of the
events or omissions giving rise to the claim occurred, or a
substantial part of property that is the subject of the action is
situated;
(2) in any judicial district in which the vessel or cargo of a
foreign state is situated, if the claim is asserted under section
1605(b) of this title;
(3) in any judicial district in which the agency or
instrumentality is licensed to do business or is doing business, if
the action is brought against an agency or instrumentality of a
foreign state as defined in section 1603(b) of this title; or
(4) in the United States District Court for the District of
Columbia if the action is brought against a foreign state or
political subdivision thereof.
(g) A civil action in which jurisdiction of the district court is
based upon section 1369 of this title may be brought in any district in
which any defendant resides or in which a substantial part of the
accident giving rise to the action took place.
(June 25, 1948, ch. 646, 62 Stat. 935; Pub. L. 87-748, Sec. 2, Oct. 5,
1962, 76 Stat. 744; Pub. L. 88-234, Dec. 23, 1963, 77 Stat. 473; Pub. L.
89-714, Secs. 1, 2, Nov. 2, 1966, 80 Stat. 1111; Pub. L. 94-574, Sec. 3,
Oct. 21, 1976, 90 Stat. 2721; Pub. L. 94-583, Sec. 5, Oct. 21, 1976, 90
Stat. 2897; Pub. L. 100-702, title X, Sec. 1013(a), Nov. 19, 1988, 102
Stat. 4669; Pub. L. 101-650, title III, Sec. 311, Dec. 1, 1990, 104
Stat. 5114; Pub. L. 102-198, Sec. 3, Dec. 9, 1991, 105 Stat. 1623; Pub.
L. 102-572, title V, Sec. 504, Oct. 29, 1992, 106 Stat. 4513; Pub. L.
104-34, Sec. 1, Oct. 3, 1995, 109 Stat. 293; Pub. L. 107-273, div. C,
title I, Sec. 11020(b)(2), Nov. 2, 2002, 116 Stat. 1827.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 111, 112 (Mar. 3, 1911,
ch. 231, Secs. 50, 51, 36 Stat. 1101; Sept. 19, 1922, ch. 345, 42 Stat.
849; Mar. 4, 1925, ch. 526, Sec. 1, 43 Stat. 1264; Apr. 16, 1936, ch.
230, 49 Stat. 1213).
Section consolidates section 111 of title 28, U.S.C., 1940 ed., with
part of section 112 of such title.
The portion of section 112 of title 28, U.S.C., 1940 ed., relating
to venue generally constitutes this section and the parts relating to
arrest of the defendant, venue and process in stockholders' actions
constitute sections 1401, 1693, and 1695 of this title.
Provision in section 111 of title 28, U.S.C., 1940 ed., that a
district court may proceed as to parties before it although one or more
defendants do not reside in the district, and that its judgment shall be
without prejudice to such absent defendants, was omitted as covered by
rule 19(b) of the Federal Rules of Civil Procedure.
Word ``action'' was substituted for ``suit'' in view of Rule 2 of
the Federal Rules of Civil Procedure.
Word ``reside'' was substituted for ``whereof he is an inhabitant''
for clarity inasmuch as ``inhabitant'' and ``resident'' are synonymous.
(See Ex parte Shaw, 1892, 12 S.Ct. 935, 145 U.S. 444, 36 L.Ed. 768;
Standard Stoker Co., Inc. v. Lower, D.C., 1931, 46 F.2d 678; Edgewater
Realty Co. v. Tennessee Coal, Iron & Railroad Co., D.C., 1943, 49
F.Supp. 807.)
Reference to ``all plaintiffs'' and ``all defendants'' were
substituted for references to ``the plaintiff'' and ``the defendant,''
in view of many decisions holding that the singular terms were used in a
collective sense. (See Smith v. Lyon, 1890, 10 S.Ct. 303, 133 U.S. 315,
33 L.Ed. 635; Hooe v. Jamieson, 1897, 17 S.Ct. 596, 166 U.S. 395, 41
L.Ed. 1049; and Fetzer v. Livermore, D.C., 1926, 15 F.2d 462.)
In subsection (c), references to defendants ``found'' within a
district or voluntarily appearing were omitted. The use of the word
``found'' made section 111 of title 28, U.S.C., 1940 ed., ambiguous. The
argument that an action could be brought in the district where one
defendant resided and a nonresident defendant was ``found,'' was
rejected in Camp v. Gress, 1919, 39 S.Ct. 478, 250 U.S. 308, 63 L.Ed.
997. However, this ambiguity will be obviated in the future by the
omission of such reference.
Subsection (d) of this section is added to give statutory
recognition to the weight of authority concerning a rule of venue as to
which there has been a sharp conflict of decisions. (See Sandusky
Foundry & Machine Co. v. DeLavand, 1918, D.C.Ohio, 251 F. 631, 632, and
cases cited. See also Keating v. Pennsylvania Co., 1917, D.C.Ohio, 245
F. 155 and cases cited.)
Changes were made in phraseology.
References in Text
The Federal Rules of Civil Procedure, referred to in subsec. (e),
are set out in the Appendix to this title.
Amendments
2002--Subsec. (g). Pub. L. 107-273 added subsec. (g).
1995--Subsec. (a)(3). Pub. L. 104-34 substituted ``any defendant
is'' for ``the defendants are''.
1992--Subsec. (a)(3). Pub. L. 102-572 inserted before period at end
``, if there is no district in which the action may otherwise be
brought''.
1991--Subsec. (b). Pub. L. 102-198 substituted ``in (1)'' for ``if
(1)''.
1990--Subsec. (a). Pub. L. 101-650, Sec. 311(1), substituted cls.
(1) to (3) for ``the judicial district where all plaintiffs or all
defendants reside, or in which the claim arose''.
Subsec. (b). Pub. L. 101-650, Sec. 311(2), substituted ``may, except
as otherwise provided by law, be brought only if'' and cls. (1) to (3)
for ``may be brought only in the judicial district where all defendants
reside, or in which the claim arose, except as otherwise provided by
law''.
Subsec. (e). Pub. L. 101-650, Sec. 311(3), substituted ``(2) a
substantial part of the events or omissions giving rise to the claim
occurred, or a substantial part of property that is the subject of the
action is situated, or (3)'' for ``or (2) the cause of action arose, or
(3) any real property involved in the action is situated, or (4)''.
1988--Subsec. (c). Pub. L. 100-702 amended subsec. (c) generally.
Prior to amendment, subsec. (c) read as follows: ``A corporation may be
sued in any judicial district in which it is incorporated or licensed to
do business or is doing business, and such judicial district shall be
regarded as the residence of such corporation for venue purposes.''
1976--Subsec. (e). Pub. L. 94-574 provided that, in actions against
the United States, its agencies, or officers or employees in their
official capacities, additional persons may be joined in accordance with
the Federal Rules of Civil Procedure and with other venue requirements
which would be applicable if the United States, its agencies, or one of
its officers or employees were not a party.
Subsec. (f). Pub. L. 94-583 added subsec. (f).
1966--Subsec. (a). Pub. L. 89-714, Sec. 1, authorized a civil action
to be brought in the judicial district in which the claim arose.
Subsec. (b). Pub. L. 89-714, Sec. 1, authorized a civil action to be
brought in the judicial district in which the claim arose.
Subsec. (f). Pub. L. 89-714, Sec. 2, repealed subsec. (f) which
permitted a civil action on a tort claim arising out of the manufacture,
assembly, repair, ownership, maintenance, use, or operation of an
automobile to be brought in the judicial district wherein the act or
omission complained of occurred. Present provisions are now contained in
subsecs. (a) and (b) of this section.
1963--Subsec. (f). Pub. L. 88-234 added subsec. (f)
1962--Subsec. (e). Pub. L. 87-748 added subsec. (e).
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-273 applicable to a civil action if the
accident giving rise to the cause of action occurred on or after the
90th day after Nov. 2, 2002, see section 11020(c) of Pub. L. 107-273,
set out as an Effective Date note under section 1369 of this title.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-572 effective Jan. 1, 1993, see section
1101(a) of Pub. L. 102-572, set out as a note under section 905 of Title
2, The Congress.
Effective Date of 1988 Amendment
Section 1013(b) of title X of Pub. L. 100-702 provided that: ``The
amendment made by this section [amending this section] takes effect 90
days after the date of enactment of this title [Nov. 19, 1988].''
Effective Date of 1976 Amendment
Amendment by Pub. L. 94-583 effective 90 days after Oct. 21, 1976,
see section 8 of Pub. L. 94-583, set out as an Effective Date note under
section 1602 of this title.
Section Referred to in Other Sections
This section is referred to in title 15 sections 53, 6103, 6104,
6504; title 19 section 1337; title 22 sections 290l-5, 290o-5; title 27
section 122a; title 42 section 1973aa-2.
