28 U.S.C. § 1367 — Supplemental jurisdiction
submitted 36 years ago by Pub. L. 101-650 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 357 words · no verdicts yet
This section gives Federal district courts supplemental jurisdiction over closely related claims in cases within their original jurisdiction, subject to limits and discretionary exceptions. It also pauses limitation periods for certain claims.
(a) Unless subsections (b) or (c), or another Federal statute, provides otherwise, a district court* with original jurisdiction over a civil action also has supplemental jurisdiction over other claims so related to the original claims that they form one case or controversy under Article III. This includes claims joining or adding parties. (b) In a case whose only basis for original jurisdiction is section 1332, the court may not use (a) for claims by plaintiffs against parties added under Federal Rules of Civil Procedure 14, 19, 20, or 24, or claims by people proposed as plaintiffs under Rule 19 or seeking to intervene as plaintiffs under Rule 24, when doing so would conflict with section 1332’s jurisdiction requirements. (c) The court may decline supplemental jurisdiction if (1) a claim presents a new or complex State-law issue; (2) it substantially outweighs the claims within original jurisdiction; (3) all claims within original jurisdiction have been dismissed; or (4) exceptional circumstances provide other strong reasons. (d) The limitation period for a claim under (a), and for another claim in the same action voluntarily dismissed at the same time as or after that claim, is paused while the claim is pending and for 30 days after dismissal, unless State law provides a longer period. (e) “State” includes the District* of Columbia, Puerto Rico, and every United States territory or possession.
Except as provided in subsections (b) and (c) or as expressly provided otherwise by Federal statute, in any civil action of which the district* courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution. Such supplemental jurisdiction shall include claims that involve the joinder or intervention of additional parties.
In any civil action of which the district courts have original jurisdiction founded solely on section 1332 of this title, the district courts shall not have supplemental jurisdiction under subsection (a) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules, when exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332.
The district courts may decline to exercise supplemental jurisdiction over a claim under subsection (a) if—
the claim raises a novel or complex issue of State law,
the claim substantially predominates over the claim or claims over which the district court* has original jurisdiction,
the district court has dismissed all claims over which it has original jurisdiction, or
in exceptional circumstances, there are other compelling reasons for declining jurisdiction.
The period of limitations for any claim asserted under subsection (a), and for any other claim in the same action that is voluntarily dismissed at the same time as or after the dismissal of the claim under subsection (a), shall be tolled while the claim is pending and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period.
As used in this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
Source credit: (Added Pub. L. 101–650, title III, § 310(a), Dec. 1, 1990, 104 Stat. 5113.)
- 1990Enacted · Pub. L. 101-650 · 104 Stat. 5113
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-650 on 1990-12-01.
all 0 arguments · sorted by: best
no arguments yet — make the first case