§ 1392. — Defendants or property in different districts in same State.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1392]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 87--DISTRICT COURTS; VENUE
Sec. 1392. Defendants or property in different districts in same
State
Any civil action, of a local nature, involving property located in
different districts in the same State, may be brought in any of such
districts.
(June 25, 1948, ch. 646, 62 Stat. 935; Pub. L. 104-220, Sec. 1, Oct. 1,
1996, 110 Stat. 3023.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 113, 116 (Mar. 3, 1911,
ch. 231, Secs. 52, 55, 36 Stat. 1101, 1102).
Section consolidates section 113 of title 28, U.S.C., 1940 ed., with
section 116 of such title.
Last sentence of section 113 of title 28, U.S.C., 1940 ed., relating
to execution on judgments or decrees, was omitted as covered by section
2001 et seq. of this title.
Words ``civil action'' were substituted for ``suit'' in view of Rule
2 of the Federal Rules of Civil Procedure.
Words of said section 113, ``against a single defendant, inhabitant
of such State, must be brought in the district where he resides'' were
omitted as covered by section 1391 of this title.
Words of section 116 of title 28, U.S.C., 1940 ed., ``land or other
subject matter of a fixed character'' were deleted and the word
``property'' substituted for flexibility and uniformity. (See sections
754, 1692, of this title and reviser's notes thereunder.)
Words of said section 116, ``and the court in which it is brought
shall have jurisdiction to hear and decide it, and to cause mesne or
final process to be issued and executed, as fully as if the said subject
matter were wholly within the district for which such court is
constituted'' were omitted as surplusage and fully covered by Rule 4 of
the Federal Rules of Civil Procedure. Said rule also covers the
following omitted language: ``A duplicate writ may be issued against the
defendants, directed to the marshal of any other district in which any
defendant resides.''
Changes were made in phraseology.
Amendments
1996--Pub. L. 104-220 struck out ``(b)'' before ``Any civil action''
and struck out subsec. (a) which read as follows: ``Any civil action,
not of a local nature, against defendants residing in different
districts in the same State, may be brought in any of such districts.''
Section Referred to in Other Sections
This section is referred to in title 42 section 1973aa-2.
