Title 28Judiciary and Judicial ProcedureRelease 119-73

§1351 Consuls, vice consuls, and members of a diplomatic mission as defendant

Title 28 › Part PART IV— - JURISDICTION AND VENUE › Chapter CHAPTER 85— - DISTRICT COURTS; JURISDICTION › § 1351

Last updated Apr 6, 2026|Official source

Summary

Only federal district courts hear suits against consuls, mission members, and their families (as defined in section 2 of the Diplomatic Relations Act).

Full Legal Text

Title 28, §1351

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

The district courts shall have original jurisdiction, exclusive of the courts of the States, of all civil actions and proceedings against—
(1)consuls or vice consuls of foreign states; or
(2)members of a mission or members of their families (as such terms are defined in section 2 of the Diplomatic Relations Act).

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§ 41(18), 371(8) (Mar. 3, 1911, ch. 231, §§ 24, par. 18, 256, par. 8, 36 Stat. 1093, 1160). Words “civil action” were substituted for “suits,” and “all suits and proceedings” in view of Rule 2 of the Federal Rules of Civil Procedure. Changes were made in phraseology.

Editorial Notes

References in Text

section 2 of the Diplomatic Relations Act, referred to in par. (2), is classified to section 254a of Title 22, Foreign Relations and Intercourse.

Amendments

1978—Pub. L. 95–393 substituted “Consuls, vice consuls, and members of a diplomatic mission as defendant” for “Consuls and vice consuls as defendants” in section catchline, designated existing provisions as introductory provision preceding par. (1), and in such introductory provision as so designated, substituted “civil actions and proceedings against—” for “actions and proceedings against consuls or vice consuls of foreign states”, and added pars. (1) and (2). 1949—Act May 24, 1949, substituted “of all actions and proceedings” for “of any civil action”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1978 AmendmentAmendment by Pub. L. 95–393 effective at end of ninety-day period beginning on Sept. 30, 1978, see section 9 of Pub. L. 95–393, set out as an

Effective Date

note under section 254a of Title 22, Foreign Relations and Intercourse.

Reference

Citations & Metadata

Citation

28 U.S.C. § 1351

Title 28Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73