Title 28, Judiciary and Judicial ProcedureRelease 119-102
§1405 Creation or Alteration of District or Division
Title 28 › PART IV — JURISDICTION AND VENUE › CHAPTER 87 — DISTRICT COURTS; VENUE › § 1405
Summary
When a new court district or division is made, or a county or territory is moved to another one, a case that already started can be tried either in the old district/division where it began or in the new one. The people in the case can choose which, or the judge can decide.
Full Legal Text
Title 28, §1405
Judiciary and Judicial Procedure, Source: USLM XML via OLRC
Actions or proceedings pending at the time of the creation of a new district or division or transfer of a county or territory from one division or district to another may be tried in the district or division as it existed at the institution of the action or proceeding, or in the district or division so created or to which the county or territory is so transferred as the parties shall agree or the court direct.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 121 (Mar. 3, 1911, ch. 231, § 59, 36 Stat. 1103).
Enforcement
of liens in like circumstances is provided by section 1656 of this title. Remainder of section 121 of title 28, U.S.C., 1940 ed., is incorporated in section 3240 of revised title 18, Crimes and Criminal Procedure (H.R. 1600, 80th Cong.). Changes were made in phraseology.
Reference
Citations & Metadata
Citation
28 U.S.C. § 1405
Title 28, Judiciary and Judicial Procedure
Last Updated
Aug 21, 2026
Release point: 119-102