28-U.S.C.-1919
§1919 – Dismissal For Lack of Jurisdiction
Pathway
Title 28 > Part V > Chapter 123 > Section 1919
Details
- Reference: Section 1919
- Legend: §1919 – Dismissal For Lack of Jurisdiction
- USCode Year: 2013
Provision Content
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, §510, Oct. 10, 1980, 94 Stat. 1743; Pub. L. 102–572, title IX, §908(a), (b)(1), Oct. 29, 1992, 106 Stat. 4519.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §80 (Mar. 3, 1911, ch. 231, §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 revisers 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.
U.S. Encyclopedia of Law Coverage
28-U.S.C.-1914 in the Legal Encyclopedia: Judiciary
In this entry about 28-U.S.C.-1914, find legal reference material, bibliographies and premiere content related to judiciary in the American Encyclopedia of Law, presenting a comprehensive view of the United States judiciary-specific issues, written by authorities in the field.
28-U.S.C.-1865 in the Legal Encyclopedia: Judicial Procedure
In this entry about 28-U.S.C.-1865, find legal reference material, bibliographies and premiere content related to judicial procedure in the American Encyclopedia of Law, presenting a comprehensive view of the United States judicial procedure-specific issues, written by authorities in the field.
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