§1631 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

If a court finds it can’t hear a civil case or an appeal (including a petition to review an agency decision) and moving the case would be fair, the court must send the case to a court that could have taken it when it was first filed or formally noticed, including the U.S. Tax Court when appropriate. The case then proceeds as if it had been filed or noticed in the new court on the original filing date.

Title 28, §1631

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Pub. L. 115–332 inserted “(or, for cases within the jurisdiction of the United States Tax Court, to that court)” after “any other such court”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an

Effective Date

of 1982 Amendment note under section 171 of this title.

§1631 Transfer to cure want of jurisdiction

Summary

Title 28, §1631

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata