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and "resident," as respects venue, are synonymous. (See reviser's note under section 1391 of this title.) Words "whether a person, partnership, or corporation" before "has committed" were omitted as surplusage. The provisions of section 109 of title 28, U.S.C., 1940 ed., relating to process are incorporated in section 1694 of this title. Jurisdiction and venue of patent suits against residents of foreign countries or persons residing in plurality of districts, see section 72a of title 35, U.S.C., 1940 ed., Patents. SENATE REVISION AMENDMENT Title 17 of the United States Code was enacted into positive law by act July 30, 1947, ch. 391, 61 Stat. 652, and, in such enactment, section 35 of the prior title became section 111 of the new title, and all Acts from which sections of the prior title had been derived, were repealed. Therefore, this paragraph should read: "Based on Title 28, U.S.C., 1940 ed., Sec. 109 (Mar. 3, 1911, ch. 231, Sec. 48, 36 Stat. 1100), and section 111 of Title 17, U.S.C., 1946 ed., Copyrights." By Senate amendment, section 111 of Title 17 U.S.C., is included in the schedule of repeals. See 80th Congress Senate Report No. 1559. AMENDMENTS 1999 - Pub. L. 106-44 amended section catchline generally so as to read "Patents and copyrights, mask works, and designs". 1998 - Pub. L. 105-304, Sec. 503(c)(2), amended section catchline generally, substituting "Patents and copyrights, mask works, and designs" for "Patents and copyrights". Subsec. (a). Pub. L. 105-304, Sec. 503(c)(1), inserted "or designs" after "mask works". 1988 - Subsec. (a). Pub. L. 100-702 inserted "or exclusive rights in mask works" after "copyrights". -End- -CITE- 28 USC Sec. 1401 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 87 - DISTRICT COURTS; VENUE -HEAD- Sec. 1401. Stockholder's derivative action -STATUTE- Any civil action by a stockholder on behalf of his corporation may be prosecuted in any judicial district where the corporation might have sued the same defendants. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 936.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 112 (part) (Mar. 3, 1911, ch. 231, Sec. 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). For disposition of other provisions of section 112 of title 28, U.S.C., 1940 ed., see reviser's note under section 1391 of this title. Words "civil action" were substituted for "suit," in view of Rule 2 of the Federal Rules of Civil Procedure. Words "other than said corporation," after "same defendants," were omitted as superfluous. Obviously a corporation would not be suing itself. Changes were made in phraseology. -End- -CITE- 28 USC Sec. 1402 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 87 - DISTRICT COURTS; VENUE -HEAD- Sec. 1402. United States as defendant -STATUTE- (a) Any civil action in a district court against the United States under subsection (a) of section 1346 of this title may be prosecuted only: (1) Except as provided in paragraph (2), in the judicial district where the plaintiff resides; (2) In the case of a civil action by a corporation under paragraph (1) of subsection (a) of section 1346, in the judicial district in which is located the principal place of business or principal office or agency of the corporation; or if it has no principal place of business or principal office or agency in any judicial district (A) in the judicial district in which is located the office to which was made the return of the tax in respect of which the claim is made, or (B) if no return was made, in the judicial district in which lies the District of Columbia. Notwithstanding the foregoing provisions of this paragraph a district court, for the convenience of the parties and witnesses, in the interest of justice, may transfer any such action to any other district or division. (b) Any civil action on a tort claim against the United States under subsection (b) of section 1346 of this title may be prosecuted only in the judicial district where the plaintiff resides or wherein the act or omission complained of occurred. (c) Any civil action against the United States under subsection (e) of section 1346 of this title may be prosecuted only in the judicial district where the property is situated at the time of levy, or if no levy is made, in the judicial district in which the event occurred which gave rise to the cause of action. (d) Any civil action under section 2409a to quiet title to an estate or interest in real property in which an interest is claimed by the United States shall be brought in the district court of the district where the property is located or, if located in different districts, in any of such districts. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 937; Pub. L. 85-920, Sept. 2, 1958, 72 Stat. 1770; Pub. L. 89-719, title II, Sec. 202(b), Nov. 2, 1966, 80 Stat. 1149; Pub. L. 92-562, Sec. 2, Oct. 25, 1972, 86 Stat. 1176; Pub. L. 97-164, title I, Sec. 131, Apr. 2, 1982, 96 Stat. 39.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Secs. 762, 931(a) (Mar. 3, 1887, ch. 359, Sec. 5, 24 Stat. 506; Aug. 2, 1946, ch. 753, Sec. 410(a), 60 Stat. 843). Section consolidates the venue provisions of section 762 of title 28, U.S.C., 1940 ed., with the venue provisions of section 931(a) of such title, the latter provisions relating to tort claims cases. The jurisdictional provisions of such section 931(a) are incorporated in section 1346(b) of this title. For other provisions thereof, see Distribution Table. Provisions of section 762 of title 28, U.S.C., 1940 ed., relating to the verification and contents of a petition filed against the United States were omitted as unnecessary. Section 265 of title 28, U.S.C., 1940 ed., relative to the petition in cases filed in the Court of Claims was also omitted from the revised title. (See, also, Rule 11 of the Federal Rules of Civil Procedure.) Words "civil action" were substituted for "suit" in view of Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology. AMENDMENTS 1982 - Subsec. (a). Pub. L. 97-164 inserted "in a district court" after "civil action" in introductory provisions preceding par. (1). The phrase "civil action" also appeared in par. (2), but no change was made to reflect the probable intent of Congress as indicated on page 79 of House Report No. 97-312. 1972 - Subsec. (d). Pub. L. 92-562 added subsec. (d). 1966 - Subsec. (c). Pub. L. 89-719 added subsec. (c). 1958 - Subsec. (a). Pub. L. 85-920 provided for venue and change of venue in tax refund suits by corporation. 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 1966 AMENDMENT Amendment by Pub. L. 89-719 applicable after Nov. 2, 1966, see section 203 of Pub. L. 89-719, set out as a note under section 1346 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 26 section 7429. -End- -CITE- 28 USC Sec. 1403 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 87 - DISTRICT COURTS; VENUE -HEAD- Sec. 1403. Eminent domain -STATUTE- Proceedings to condemn real estate for the use of the United States or its departments or agencies shall be brought in the district court of the district where the land is located or, if located in different districts in the same State, in any of such districts. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 937.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 257 of title 40, U.S.C., 1940 ed., Public Buildings, Property, and Works (Aug. 1, 1888, ch. 728, Sec. 1, 25 Stat. 357; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167). Section constitutes the first clause of the second sentence of section 257, of title 40, U.S.C., 1940 ed. The revised section is expressive of the purpose of such section 257 with necessary changes in phraseology. The jurisdiction provision of section 257 of title 40, U.S.C., 1940 ed., is incorporated in section 1358 of this title. The remainder of section 257 of title 40, U.S.C., 1940 ed., is retained in said title 40. Provision with respect to property in different districts was added to conform with section 1392 of this title. See, also, section 1392 of this title which fixes venue of an action involving property in different districts in the same State. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 section 79c; title 42 section 2222. -End- -CITE- 28 USC Sec. 1404 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 87 - DISTRICT COURTS; VENUE -HEAD- Sec. 1404. Change of venue -STATUTE- (a) For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought. (b) Upon motion, consent or stipulation of all parties, any action, suit or proceeding of a civil nature or any motion or hearing thereof, may be transferred, in the discretion of the court, from the division in which pending to any other division in the same district. Transfer of proceedings in rem brought by or on behalf of the United States may be transferred under this section without the consent of the United States where all other parties request transfer. (c) A district court may order any civil action to be tried at any place within the division in which it is pending. (d) As used in this section, the term "district court" includes the District Court of Guam, the District Court for the Northern Mariana Islands, and the District Court of the Virgin Islands, and the term "district" includes the territorial jurisdiction of each such court. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 937; Pub. L. 87-845, Sec. 9, Oct. 18, 1962, 76A Stat. 699; Pub. L. 104-317, title VI, Sec. 610(a), Oct. 19, 1996, 110 Stat. 3860.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Secs. 119, 163 (Mar. 3, 1911, ch. 231, Sec. 58, 36 Stat. 1103; Sept. 8, 1916, ch. 475, Sec. 5, 39 Stat. 851). Section consolidates sections 119 and 163 of title 28, U.S.C., 1940 ed., with necessary changes in phraseology and substance. Section 119 of title 28, U.S.C., 1940 ed., related only to transfer of cases from one division to another on stipulation of the parties. Subsection (a) was drafted in accordance with the doctrine of forum non conveniens, permitting transfer to a more convenient forum, even though the venue is proper. As an example of the need of such a provision, see Baltimore & Ohio R. Co. v. Kepner, 1941, 62 S.Ct. 6, 314 U.S. 44, 86 L.Ed. 28, which was prosecuted under the Federal Employer's Liability Act in New York, although the accident occurred and the employee resided in Ohio. The new subsection requires the court to determine that the transfer is necessary for convenience of the parties and witnesses, and further, that it is in the interest of justice to do so. Sections 143, 172, 177, and 181 of title 28, U.S.C., 1940 ed., relating to the district courts of Arizona, Montana, New Mexico, and Ohio, contained special provisions similar to subsection (b), applicable to those States. To establish uniformity, the general language of such subsection has been drafted and the special provisions of those sections omitted. Subsection (b) is based upon section 163 of title 28, U.S.C., 1940 ed., which applied only to the district of Maine. This revised subsection extends to all judicial districts and permits transfer of cases between divisions. Criminal cases may be transferred pursuant to Rules 19-21 of the new Federal Rules of Criminal Procedure, and the criminal provisions of said section 163 are therefore omitted. AMENDMENTS 1996 - Subsec. (d). Pub. L. 104-317 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: "As used in this section, 'district court' includes the United States District Court for the District of the Canal Zone; and 'district' includes the territorial jurisdiction of that court." 1962 - Subsec. (d). Pub. L. 87-845 added subsec. (d). EFFECTIVE DATE OF 1996 AMENDMENT Section 610(c) of Pub. L. 104-317 provided that: "The amendments made by this section [amending this section and section 1406 of this title] apply to cases pending on the date of the enactment of this Act [Oct. 19, 1996] and to cases commenced on or after such date." EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87-845 effective Jan. 2, 1963, see section 25 of Pub. L. 87-845, set out as a note under section 414 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1407 of this title; title 42 section 2000e-5; title 47 section 325. -End- -CITE- 28 USC Sec. 1405 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 87 - DISTRICT COURTS; VENUE -HEAD- Sec. 1405. Creation or alteration of district or division -STATUTE- Actions or proceedings pending at the time of the creation of a new district or division or transfer of a county or territory from one division or district to another may be tried in the district or division as it existed at the institution of the action or proceeding, or in the district or division so created or to which the county or territory is so transferred as the parties shall agree or the court direct. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 937.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Sec. 121 (Mar. 3, 1911, ch. 231, Sec. 59, 36 Stat. 1103). Enforcement of liens in like circumstances is provided by section 1656 of this title. Remainder of section 121 of title 28, U.S.C., 1940 ed., is incorporated in section 3240 of revised title 18, Crimes and Criminal Procedure (H.R. 1600, 80th Cong.). Changes were made in phraseology. -End- -CITE- 28 USC Sec. 1406 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 87 - DISTRICT COURTS; VENUE -HEAD- Sec. 1406. Cure or waiver of defects -STATUTE- (a) The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought. (b) Nothing in this chapter shall impair the jurisdiction of a district court of any matter involving a party who does not interpose timely and sufficient objection to the venue. (c) As used in this section, the term "district court" includes the District Court of Guam, the District Court for the Northern Mariana Islands, and the District Court of the Virgin Islands, and the term "district" includes the territorial jurisdiction of each such court. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 937; May 24, 1949, ch. 139, Sec. 81, 63 Stat. 101; Pub. L. 86-770, Sec. 1, Sept. 13, 1960, 74 Stat. 912; Pub. L. 87-845, Sec. 10, Oct. 18, 1962, 76A Stat. 699; Pub. L. 97-164, title I, Sec. 132, Apr. 2, 1982, 96 Stat. 39; Pub. L. 104-317, title VI, Sec. 610(b), Oct. 19, 1996, 110 Stat. 3860.) -MISC1- HISTORICAL AND REVISION NOTES 1948 ACT Subsection (a) provides statutory sanction for transfer instead of dismissal, where venue is improperly laid. Subsection (b) is declaratory of existing law. (See Panama R.R. Co. v. Johnson, 1924, 44 S.Ct. 391, 264 U.S. 375, 68 L.Ed. 748.) It makes clear the intent of Congress that venue provisions are not jurisdictional but may be waived. 1949 ACT This section removes an ambiguity in section 1406(a) of title 28, U.S.C., by substituting "may" for "shall", thus making it clear that the court may decline to transfer a case brought in the wrong district under circumstances where it would not be in the interest of justice to make such transfer. AMENDMENTS 1996 - Subsec. (c). Pub. L. 104-317 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "As used in this section, 'district court' includes the United States District Court for the District of the Canal Zone; and 'district' includes the territorial jurisdiction of that court." 1982 - Subsecs. (c), (d). Pub. L. 97-164 redesignated subsec. (d) as (c). Former subsec. (c), which provided that if a case within the exclusive jurisdiction of the Court of Claims were filed in a district court, the district court, if it were in the interest of justice, was required to transfer the case to the Court of Claims where the case would proceed as if it had been filed in the Court of Claims on the date that it was filed in the district court, was struck out. 1962 - Subsec. (d). Pub. L. 87-845 added subsec. (d). 1960 - Subsec. (c). Pub. L. 86-770 added subsec. (c). 1949 - Subsec. (a). Act May 24, 1949, inserted "dismiss, or if it be in the interest of justice". EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104-317 applicable to cases pending on Oct. 19, 1996, and to cases commenced on or after such date, see section 610(c) of Pub. L. 104-317, set out as a note under section 1404 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 1962 AMENDMENT Amendment by Pub. L. 87-845 effective Jan. 2, 1962, see section 25 of Pub. L. 87-845, set out as a note under section 414 of this title. EFFECTIVE DATE OF 1960 AMENDMENT Section 4 of Pub. L. 86-770 provided in part that: "The amendments made by sections 1 and 2 of this Act [adding subsec. (c) of this section and section 1506 of this title] shall apply to any case or proceeding pending on, or brought after, the date of enactment of this Act [Sept. 13, 1960] in the district courts or the Court of Claims." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42 section 2000e-5. -End- -CITE- 28 USC Sec. 1407 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 87 - DISTRICT COURTS; VENUE -HEAD- Sec. 1407. Multidistrict litigation -STATUTE- (a) When civil actions involving one or more common questions of fact are pending in different districts, such actions may be transferred to any district for coordinated or consolidated pretrial proceedings. Such transfers shall be made by the judicial panel on multidistrict litigation authorized by this section upon its determination that transfers for such proceedings will be for the convenience of parties and witnesses and will promote the just and efficient conduct of such actions. Each action so transferred shall be remanded by the panel at or before the conclusion of such pretrial proceedings to the district from which it was transferred unless it shall have been previously terminated: Provided, however, That the panel may separate any claim, cross-claim, counter-claim, or third-party claim and remand any of such claims before the remainder of the action is remanded. (b) Such coordinated or consolidated pretrial proceedings shall be conducted by a judge or judges to whom such actions are assigned by the judicial panel on multidistrict litigation. For this purpose, upon request of the panel, a circuit judge or a district judge may be designated and assigned temporarily for service in the transferee district by the Chief Justice of the United States or the chief judge of the circuit, as may be required, in accordance with the provisions of chapter 13 of this title. With the consent of the transferee district court, such actions may be assigned by the panel to a judge or judges of such district. The judge or judges to whom such actions are assigned, the members of the judicial panel on multidistrict litigation, and other circuit and district judges designated when needed by the panel may exercise the powers of a district judge in any district for the purpose of conducting pretrial depositions in such coordinated or consolidated pretrial proceedings. (c) Proceedings for the transfer of an action under this section may be initiated by - (i) the judicial panel on multidistrict litigation upon its own initiative, or (ii) motion filed with the panel by a party in any action in which transfer for coordinated or consolidated pretrial proceedings under this section may be appropriate. A copy of such motion shall be filed in the district court in which the moving party's action is pending. The panel shall give notice to the parties in all actions in which transfers for coordinated or consolidated pretrial proceedings are contemplated, and such notice shall specify the time and place of any hearing to determine whether such transfer shall be made. Orders of the panel to set a hearing and other orders of the panel issued prior to the order either directing or denying transfer shall be filed in the office of the clerk of the district court in which a transfer hearing is to be or has been held. The panel's order of transfer shall be based upon a record of such hearing at which material evidence may be offered by any party to an action pending in any district that would be affected by the proceedings under this section, and shall be supported by findings of fact and conclusions of law based upon such record. Orders of transfer and such other orders as the panel may make thereafter shall be filed in the office of the clerk of the district court of the transferee district and shall be effective when thus filed. The clerk of the transferee district court shall forthwith transmit a certified copy of the panel's order to transfer to the clerk of the district court from which the action is being transferred. An order denying transfer shall be filed in each district wherein there is a case pending in which the motion for transfer has been made. (d) The judicial panel on multidistrict litigation shall consist of seven circuit and district judges designated from time to time by the Chief Justice of the United States, no two of whom shall be from the same circuit. The concurrence of four members shall be necessary to any action by the panel. (e) No proceedings for review of any order of the panel may be permitted except by extraordinary writ pursuant to the provisions of title 28, section 1651, United States Code. Petitions for an extraordinary writ to review an order of the panel to set a transfer hearing and other orders of the panel issued prior to the order either directing or denying transfer shall be filed only in the court of appeals having jurisdiction over the district in which a hearing is to be or has been held. Pe

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