28 USC § 1392 - Defendants or property in different districts in same State

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Any civil action, of a local nature, involving property located in different districts in the same State, may be brought in any of such districts.

Source

(June 25, 1948, ch. 646, 62 Stat. 935; Pub. L. 104–220, § 1,Oct. 1, 1996, 110 Stat. 3023.)

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§ 113, 116 (Mar. 3, 1911, ch. 231, §§ 52, 55,36 Stat. 1101, 1102).

Section consolidates section 113 of title 28, U.S.C., 1940 ed., with section 116 of such title.

Last sentence of section 113 of title 28, U.S.C., 1940 ed., relating to execution on judgments or decrees, was omitted as covered by section 2001 et seq. of this title.

Words “civil action” were substituted for “suit” in view of Rule 2 of the Federal Rules of Civil Procedure.

Words of said section 113, “against a single defendant, inhabitant of such State, must be brought in the district where he resides” were omitted as covered by section 1391 of this title.

Words of section 116 of title 28, U.S.C., 1940 ed., “land or other subject matter of a fixed character” were deleted and the word “property” substituted for flexibility and uniformity. (See sections 754, 1692, of this title and reviser’s notes thereunder.)

Words of said section 116, “and the court in which it is brought shall have jurisdiction to hear and decide it, and to cause mesne or final process to be issued and executed, as fully as if the said subject matter were wholly within the district for which such court is constituted” were omitted as surplusage and fully covered by Rule 4 of the Federal Rules of Civil Procedure. Said rule also covers the following omitted language: “A duplicate writ may be issued against the defendants, directed to the marshal of any other district in which any defendant resides.”

Changes were made in phraseology.

Amendments

1996—Pub. L. 104–220struck out “(b)” before “Any civil action” and struck out subsec. (a) which read as follows: “Any civil action, not of a local nature, against defendants residing in different districts in the same State, may be brought in any of such districts.”

The table below lists the classification updates, since Jan. 7, 2011, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Friday, May 13, 2011

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

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"nt [tbl]" means note [table].
"prec" means preceding.
"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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28 USC	Description of Change	Session Year	Public Law	Statutes at Large

28 USC § 1392 - Defendants or property in different districts in same State

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