§1367 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

Federal district courts can hear extra claims that are closely tied to a case they already have. The court can take in related claims that are part of the same dispute under Article III of the Constitution, including claims that add new parties or let people join or intervene. If the only reason the court has the case is diversity jurisdiction under section 1332, the court must not use this power to hear claims by plaintiffs added under Federal Rules 14, 19, 20, or 24, or by people asked to join or intervene as plaintiffs under Rules 19 or 24, when doing so would conflict with the diversity requirements. A court may also refuse these extra claims if they raise new or hard state-law issues, if the state-law claim mostly takes over the case, if the court has dismissed all the original federal claims, or for other unusual, strong reasons. The time limit to sue for any claim brought this way (and for any other claim voluntarily dropped at the same time or later) is paused while the claim is pending and for 30 days after dismissal, unless state law gives a longer pause. “State” here includes the District of Columbia, Puerto Rico, and U.S. territories.

Title 28, §1367

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)Except as provided in subsections (b) and (c) or as expressly provided otherwise by Federal statute, in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution. Such supplemental jurisdiction shall include claims that involve the joinder or intervention of additional parties.

(b)In any civil action of which the district courts have original jurisdiction founded solely on section 1332 of this title, the district courts shall not have supplemental jurisdiction under subsection (a) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules, when exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332.

(c)The district courts may decline to exercise supplemental jurisdiction over a claim under subsection (a) if—

(1)the claim raises a novel or complex issue of State law,

(2)the claim substantially predominates over the claim or claims over which the district court has original jurisdiction,

(3)the district court has dismissed all claims over which it has original jurisdiction, or

(4)in exceptional circumstances, there are other compelling reasons for declining jurisdiction.

(d)The period of limitations for any claim asserted under subsection (a), and for any other claim in the same action that is voluntarily dismissed at the same time as or after the dismissal of the claim under subsection (a), shall be tolled while the claim is pending and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period.

(e)As used in this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (b), are set out in the Appendix to this title.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 101–650, title III, § 310(c), Dec. 1, 1990, 104 Stat. 5114, provided that: “The

Amendments

made by this section [enacting this section] shall apply to civil actions commenced on or after the date of the enactment of this Act [Dec. 1, 1990].”

§1367 Supplemental Jurisdiction