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2021 US Code
Title 28 - Judiciary and Judicial Procedure
Part V - Procedure
Chapter 123 - Fees and Costs
Sec. 1919 - Dismissal for lack of jurisdiction

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Citation 28 U.S.C. § 1919 (2021)
Section Name §1919. Dismissal for lack of jurisdiction
Section Text

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.

Source Credit

(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.)

Editorial Notes 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 reviser's 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.


EDITORIAL NOTES 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.


STATUTORY NOTES AND RELATED SUBSIDIARIES 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.

Publication Title United States Code, 2018 Edition, Supplement 3, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART V - PROCEDURE
CHAPTER 123 - FEES AND COSTS
Sec. 1919 - Dismissal for lack of jurisdiction
Contains section 1919
Date 2021
Laws In Effect As Of Date January 3, 2022
Positive Law Yes
Disposition standard
Statutes at Large References 36 Stat. 1098
62 Stat. 955
94 Stat. 1743
106 Stat. 4519
Public Law References Public Law 96-417, Public Law 102-572
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