§ 1919. — Dismissal for lack of jurisdiction.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC1919]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 123--FEES AND COSTS
Sec. 1919. Dismissal for lack of jurisdiction
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.
(June 25, 1948, ch. 646, 62 Stat. 955; Pub. L. 96-417, title V,
Sec. 510, Oct. 10, 1980, 94 Stat. 1743; Pub. L. 102-572, title IX,
Sec. 908(a), (b)(1), Oct. 29, 1992, 106 Stat. 4519.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 80 (Mar. 3, 1911, ch. 231,
Sec. 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.
Amendments
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.
Effective Date of 1992 Amendment
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.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-417 applicable with respect to civil actions
commenced on or after Nov. 1, 1980, see section 701(b)(1)(E) of Pub. L.
96-417, set out as a note under section 251 of this title.
