28 U.S.C. § 1631 — Transfer to cure want of jurisdiction
submitted 44 years ago by Pub. L. 97-164 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 146 words · no verdicts yet
A federal court that lacks jurisdiction over a civil action or appeal must transfer it, when justice requires, to a court where it could originally have been brought. The case proceeds as though it had been filed in the receiving court on the original filing date.
If a civil action, appeal, or petition for review is filed or noticed in a qualifying court and that court finds it lacks jurisdiction, the court must transfer the matter, if justice requires, to another qualifying court where it could have been brought when filed or noticed. A matter within Tax Court jurisdiction may be transferred there. It proceeds as if filed or noticed in the receiving court on the original date.
Whenever a civil action is filed in a court as defined in section 610 of this title or an appeal, including a petition for review of administrative action, is noticed for or filed with such a court and that court finds that there is a want of jurisdiction, the court shall, if it is in the interest of justice, transfer such action or appeal to any other such court (or, for cases within the jurisdiction of the United States Tax Court, to that court) in which the action or appeal could have been brought at the time it was filed or noticed, and the action or appeal shall proceed as if it had been filed in or noticed for the court to which it is transferred on the date upon which it was actually filed in or noticed for the court from which it is transferred.
Source credit: (Added Pub. L. 97–164, title III, § 301(a), Apr. 2, 1982, 96 Stat. 55; amended Pub. L. 115–332, § 2, Dec. 19, 2018, 132 Stat. 4487.)
- 1982Enacted · Pub. L. 97-164 · 96 Stat. 55
- 2018Amended · Pub. L. 115-332 · 132 Stat. 4487
A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-164 on 1982-04-02.
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