28 U.S.C. § 1406 — Cure or waiver of defects
submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 121 words · no verdicts yet
A district court must dismiss a case filed in the wrong division or district, or transfer it when justice favors transfer to a place where it could have been brought. A party that does not timely object generally does not impair the court’s jurisdiction.
(a) If a case is filed in the wrong division or district, that district court must dismiss it. If the interest of justice favors transfer, the court must instead transfer the case to any district or division where it could have been brought.
(b) Nothing in this chapter takes away a district court’s jurisdiction over a matter involving a party that does not make a timely and sufficient objection to venue.
(c) In this section, “district court” includes the District Court of Guam, the District Court for the Northern Mariana Islands, and the District Court of the Virgin Islands. “District” includes each court’s territorial jurisdiction.
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.
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.
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 credit: (June 25, 1948, ch. 646, 62 Stat. 937; May 24, 1949, ch. 139, § 81, 63 Stat. 101; Pub. L. 86–770, § 1, Sept. 13, 1960, 74 Stat. 912; Pub. L. 87–845, § 10, Oct. 18, 1962, 76A Stat. 699; Pub. L. 97–164, title I, § 132, Apr. 2, 1982, 96 Stat. 39; Pub. L. 104–317, title VI, § 610(b), Oct. 19, 1996, 110 Stat. 3860.)
- 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 937
- 1949Amended · Act of May 24, 1949, ch. 139 · 63 Stat. 101
- 1960Amended · Pub. L. 86-770 · 74 Stat. 912
- 1962Amended · Pub. L. 87-845
- 1982Amended · Pub. L. 97-164 · 96 Stat. 39
- 1996Amended · Pub. L. 104-317 · 110 Stat. 3860
A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.
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