Title 28, Judiciary and Judicial ProcedureRelease 119-102
§2105 Scope of Review; Abatement
Title 28 › PART V — PROCEDURE › CHAPTER 133 — REVIEW—MISCELLANEOUS PROVISIONS › § 2105
Summary
The Supreme Court or a court of appeals may not overturn a decision just because a judge made an error on matters that pause or delay a case, unless that error affects the court’s power to hear the case.
Full Legal Text
Title 28, §2105
Judiciary and Judicial Procedure, Source: USLM XML via OLRC
There shall be no reversal in the Supreme Court or a court of appeals for error in ruling upon matters in abatement which do not involve jurisdiction.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 879 (R.S. § 1011; Feb. 18, 1875, ch. 80, § 1, 18 Stat. 318). The revised language is substituted for the provisions of section 879 of title 28, U.S.C., 1940 ed., to avoid any
Construction
that matters of fact are not reviewable in nonjury cases. Such section 879 related to review upon a writ of error which applied only to actions at law. (See Rule 52(a) of the Federal Rules of Civil Procedure limiting the review of questions of fact which renders unnecessary any statutory limitation.) Rule 7(c) of the Federal Rules of Civil Procedure abolished all pleas, and the rules adopted the motion as a substitute therefor. Words “matters in abatement” were, therefore, substituted for the abolished “plea in abatement” and “plea to the jurisdiction.” Changes were made in phraseology.
Reference
Citations & Metadata
Citation
28 U.S.C. § 2105
Title 28, Judiciary and Judicial Procedure
Last Updated
Aug 21, 2026
Release point: 119-102