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dants 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 L. 89-714, Sec. 2, repealed subsec.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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 15 sections 53, 6103, 6104, 6504, 7706; title 16 section 6516; title 19 section 1337; title 22 sections 290l-5, 290o-5; title 27 section 122a; title 42 section 1973aa-2. -End- -CITE- 28 USC Sec. 1392 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 87 - DISTRICT COURTS; VENUE -HEAD- Sec. 1392. Defendants or property in different districts in same State -STATUTE- 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. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 935; Pub. L. 104-220, Sec. 1, Oct. 1, 1996, 110 Stat. 3023.) -MISC1- 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." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42 section 1973aa-2. -End- -CITE- 28 USC Sec. 1393 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 87 - DISTRICT COURTS; VENUE -HEAD- [Sec. 1393. Repealed. Pub. L. 100-702, title X, Sec. 1001(a), Nov. 19, 1988, 102 Stat. 4664] -MISC1- Section, act June 25, 1948, ch. 646, 62 Stat. 935, related to divisional venue in civil cases of a single defendant or defendants in different divisions. EFFECTIVE DATE OF REPEAL Section 1001(b) of Pub. L. 100-702 provided that: "The amendments made by this section [repealing this section] take effect 90 days after the date of enactment of this Act [Nov. 19, 1988]." -End- -CITE- 28 USC Sec. 1394 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 87 - DISTRICT COURTS; VENUE -HEAD- Sec. 1394. Banking association's action against Comptroller of Currency -STATUTE- Any civil action by a national banking association to enjoin the Comptroller of the Currency, under the provisions of any Act of Congress relating to such associations, may be prosecuted in the judicial district where such association is located. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 935.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 110 (Mar. 3, 1911, ch. 231, Sec. 49, 36 Stat. 1100). Words "Any civil action" were substituted for "All proceedings," in view of Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology. -TRANS- EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in the Comptroller of the Currency, referred to in this section, were not included in the transfer of functions of officers, agencies and employees of the Department of the Treasury to the Secretary of the Treasury, made by Reorg. Plan No. 26 of 1950, Sec. 1, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280. See section 321(c)(2) of Title 31, Money and Finance. -End- -CITE- 28 USC Sec. 1395 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 87 - DISTRICT COURTS; VENUE -HEAD- Sec. 1395. Fine, penalty or forfeiture -STATUTE- (a) A civil proceeding for the recovery of a pecuniary fine, penalty or forfeiture may be prosecuted in the district where it accrues or the defendant is found. (b) A civil proceeding for the forfeiture of property may be prosecuted in any district where such property is found. (c) A civil proceeding for the forfeiture of property seized outside any judicial district may be prosecuted in any district into which the property is brought. (d) A proceeding in admiralty for the enforcement of fines, penalties and forfeitures against a vessel may be brought in any district in which the vessel is arrested. (e) Any proceeding for the forfeiture of a vessel or cargo entering a port of entry closed by the President in pursuance of law, or of goods and chattels coming from a State or section declared by proclamation of the President to be in insurrection, or of any vessel or vehicle conveying persons or property to or from such State or section or belonging in whole or in part to a resident thereof, may be prosecuted in any district into which the property is taken and in which the proceeding is instituted. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 936.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Secs. 104, 106, 107, and 108, and section 3745(c) of title 26, U.S.C., 1940 ed., Internal Revenue Code (Mar. 3, 1911, ch. 231, Secs. 43, 45, 46, 47, 36 Stat. 1100; Feb. 10, 1939, ch. 2, Sec. 3745(c), 53 Stat. 460). This section consolidates section 3745(c) of title 26, U.S.C., 1940 ed., with sections 104, 106, 107, and 108 of title 28, U.S.C., 1940 ed., relating to venue in civil proceedings to recover and enforce civil fines, penalties, and forfeitures, pecuniary or otherwise. Subsection (a) is based on said section 104 of title 28 and said section 3745(c) of title 26. Subsections (b) and (c) consolidate such sections 106 and 107 of title 28. Subsection (e) is based on such section 108 of title 28. Subsection (b) substituted words "may be prosecuted in any district where such property is found" for "shall be prosecuted in the district where the seizure is made," to include not only property seized, but also all other property subject to forfeiture. Words "civil" and "fine" were inserted to make this section applicable to the many provisions of the United States Code for fines essentially civil. (See reviser's note under section 1355 of this title.) Provisions of section 3745(c) of title 26, U.S.C., 1940 ed., that such suit may be brought "before any other court of competent jurisdiction" were omitted as misleading surplusage, since United States district courts, under section 1355 of this title, have exclusive jurisdiction. Subsection (d) was added for completeness and clarity. Changes were made in phraseology. SENATE REVISION AMENDMENT While section 3745(c) of Title 26, U.S.C., Internal Revenue Code, is one of the sources of this section, it was eliminated from the schedule of repeals by Senate amendment. Therefore, such section 3745(c) remains in Title 26. See 80th Congress Senate Report No. 1559. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1355 of this title; title 18 sections 981, 2254; title 21 section 881; title 26 section 7410. -End- -CITE- 28 USC Sec. 1396 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 87 - DISTRICT COURTS; VENUE -HEAD- Sec. 1396. Internal revenue taxes -STATUTE- Any civil action for the collection of internal revenue taxes may be brought in the district where the liability for such tax accrues, in the district of the taxpayer's residence, or in the district where the return was filed. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 936.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 105, and section 3744 of title 26, U.S.C., 1940 ed., Internal Revenue Code (Mar. 3, 1911, ch. 231, Sec. 44, 36 Stat. 1100; Feb. 10, 1939, ch. 2, Sec. 3744, 53 Stat. 460). Section consolidates section 3744 of title 26, U.S.C., 1940 ed., Internal Revenue Code, with section 105 of title 28, U.S.C., 1940 ed. Words "or in the district where the return was filed" are new. This extension of venue will permit of an action in a district easily determinable for collection of revenue earned in several districts, or States, but the return for which is filed with one collector. Changes were made in phraseology. SENATE REVISION AMENDMENT While section 3744 of Title 26, U.S.C., Internal Revenue Code [1939], is one of the sources of this section, it was eliminated from the schedule of repeals by Senate amendment. Therefore, it remains in Title 26 [I.R.C. 1939]. See 80th Congress Senate Report No. 1559. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 26 section 7410. -End- -CITE- 28 USC Sec. 1397 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 87 - DISTRICT COURTS; VENUE -HEAD- Sec. 1397. Interpleader -STATUTE- Any civil action of interpleader or in the nature of interpleader under section 1335 of this title may be brought in the judicial district in which one or more of the claimants reside. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 936.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 41(26) (Mar. 3, 1911, ch. 231, Sec. 24, par. 26, as added Jan. 20, 1936, ch. 13, Sec. 1, 49 Stat. 1096). Provisions of section 41(26) of title 28, U.S.C., 1940 ed., relating to jurisdiction are the basis of section 1335 of this title and other provisions thereof are incorporated in section 2361 of this title. Words "civil action" were substituted for "suit," in view of Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology. -End- -CITE- 28 USC Sec. 1398 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 87 - DISTRICT COURTS; VENUE -HEAD- Sec. 1398. Interstate Commerce Commission's orders -STATUTE- (a) Except as otherwise provided by law, a civil action brought under section 1336(a) of this title shall be brought only in a judicial district in which any of the parties bringing the action resides or has its principal office. (b) A civil action to enforce, enjoin, set aside, annul, or suspend, in whole or in part, an order of the Interstate Commerce Commission made pursuant to the referral of a question or issue by a district court or by the United States Court of Federal Claims, shall be brought only in the court which referred the question or issue. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 936; Pub. L. 88-513, Sec. 2, Aug. 30, 1964, 78 Stat. 695; Pub. L. 93-584, Sec. 2, Jan. 2, 1975, 88 Stat. 1917; Pub. L. 97-164, title I, Sec. 130, Apr. 2, 1982, 96 Stat. 39; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 43 (Oct. 22, 1913, ch. 32, 38 Stat. 219). This section is completely rewritten to give effect to changes recommended by the Judicial Conference of the United States. Section 43 of title 28, U.S.C., 1940 ed., is as follows: "Sec. 43. Venue of suits relating to orders of Interstate Commerce Commission. "The venue of any suit brought to enforce, suspend, or set aside, in whole or in part, any order of the Interstate Commerce Commission shall be in the judicial district wherein is the residence of the party or any of the parties upon whose petition the order was made, except that where the order does not relate to transportation or is not made upon the petition of any party the venue shall be in the district where the matter complained of in the petition before the commission arises, and except that where the order does not relate either to transportation or to a matter so complained of before the commission the matter covered by the order shall be deemed to arise in the district where one of the petitioners in court has either its principal office or its principal operating office. In case such transportation relates to a through shipment the term 'destination' shall be construed as meaning final destination of such shipment." The amendment of section 207 of title 28, U.S.C., 1940 ed., proposed by the Judicial Conference is: "Except as otherwise provided in the Act entitled 'An Act to Regulate Commerce', approved February 4, 1887, as amended, the venue of any suit brought to enforce, suspend, or set aside, in whole or in part, any order of the Interstate Commerce Commission shall be in the judicial district wherein is the residence of the party or any of the parties bringing the suit or wherein such party or any of such parties has its principal office." The revised section substitutes the words "Except as otherwise provided by law" for the words of the conference bill, "in the act entitled 'An Act to Regulate Commerce, approved February 4, 1887, as amended' ". (See section 16 of title 49, U.S.C., 1940 ed., which provides for jurisdiction and venue of actions to enforce Interstate Commerce Commission orders for the payment of money.) AMENDMENTS 1992 - Subsec. (b). Pub. L. 102-572 substituted "United States Court of Federal Claims" for "United States Claims Court". 1982 - Subsec. (b). Pub. L. 97-164 substituted "United States Claims Court" for "Court of Claims". 1975 - Subsec. (a). Pub. L. 93-584 substituted provisions that civil actions under section 1336(a) of this title shall be brought only in a judicial district in which any of the parties bringing the action resides or has its principal office, for provisions that civil actions to enforce, suspend, or set aside in whole or in part orders of the Interstate Commerce Commission shall be brought in such judicial district. 1964 - Pub. L. 88-513 designated existing provisions as subsec. (a) and added subsec. (b). 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 1982 AMENDMENT Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 of Pub. L. 97-164, set out as a note under section 171 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93-584 not applicable to actions commenced on or before last day of first month beginning after Jan. 2, 1975, and actions to enjoin or suspend orders of Interstate Commerce Commission which are pending when this amendment becomes effective shall not be affected thereby, but shall proceed to final disposition under the law existing on the date they were commenced, see section 10 of Pub. L. 93-584, set out as a note under section 2321 of this title. -TRANS- ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF FUNCTIONS Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104-88, to Surface Transportation Board effective Jan. 1, 1996, by section 702 of Title 49, Transportation, and section 101 of Pub. L. 104-88, set out as a note under section 701 of Title 49. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104-88, set out as a note under section 701 of Title 49. -End- -CITE- 28 USC Sec. 1399 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 87 - DISTRICT COURTS; VENUE -HEAD- Sec. 1399. Partition action involving United States -STATUTE- Any civil action by any tenant in common or joint tenant for the partition of lands, where the United States is one of the tenants in common or joint tenants, may be brought only in the judicial district where such lands are located or, if located in different districts in the same State, in any of such districts. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 936.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 41(25) (Mar. 3, 1911, ch. 231, Sec. 24, par. 25, 36 Stat. 1094). Provisions of section 41(25) of title 28, U.S.C., 1940 ed., relating to jurisdiction are the basis of section 1347 of this title. Words "civil action" were substituted for "suits in equity," in view of Rule 2 of the Federal Rules of Civil Procedure. Provision with respect to property in different districts was added to conform with section 1392 of this title. Changes were made in phraseology. -End- -CITE- 28 USC Sec. 1400 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 87 - DISTRICT COURTS; VENUE -HEAD- Sec. 1400. Patents and copyrights, mask works, and designs -STATUTE- (a) Civil actions, suits, or proceedings arising under any Act of Congress relating to copyrights or exclusive rights in mask works or designs may be instituted in the district in which the defendant or his agent resides or may be found. (b) Any civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 936; Pub. L. 100-702, title X, Sec. 1020(a)(5), Nov. 19, 1988, 102 Stat. 4671; Pub. L. 105-304, title V, Sec. 503(c)(1), (2), Oct. 28, 1998, 112 Stat. 2917; Pub. L. 106-44, Sec. 2(a), Aug. 5, 1999, 113 Stat. 223.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 109, and section 35 of title 17, U.S.C., 1940 ed., Copyrights (Mar. 4, 1909, ch. 320, Sec. 35, 35 Stat. 1084; Mar. 3, 1911, ch. 231, Sec. 48, 36 Stat. 1100). Section consolidates section 35 of title 17, U.S.C., 1940 ed., with part of section 109 of title 28, U.S.C., 1940 ed., with necessary changes in phraseology. Subsection (b) is based on section 109 of title 28, U.S.C., 1940 ed., with the following changes: Words "civil action" were substituted for "suit," and words "in law or in equity," after "shall have jurisdiction" were deleted, in view of Rule 2 of the Federal Rules of Civil Procedure. Words in subsection (b) "where the defendant resides" were substituted for "of which the defendant is an inhabitant." A corresponding change was made in subsection (a). Words "inhabitant"

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