Title 28Judiciary and Judicial ProcedureRelease 119-73

§1919 Dismissal for lack of jurisdiction

Title 28 › Part PART V— - PROCEDURE › Chapter CHAPTER 123— - FEES AND COSTS › § 1919

Last updated Apr 6, 2026|Official source

Full Legal Text

Title 28, §1919

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

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 AmendmentAmendment 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 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

28 U.S.C. § 1919

Title 28Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73