Sec. 1391. Venue generally
- (a) A civil action wherein jurisdiction is founded only on
diversity of citizenship may, except as otherwise provided by law, be brought
only in (1) a judicial district where any defendant resides, if all defendants
reside in the same State, (2) a judicial district in which a substantial part
of the events or omissions giving rise to the claim occurred, or a substantial
part of property that is the subject of the action is situated, or (3) a
judicial district in which any defendant is subject to personal jurisdiction
at the time the action is commenced, if there is no district in which the
action may otherwise be brought.
- (b) A civil action wherein jurisdiction is not founded
solely on diversity of citizenship may, except as otherwise provided by law,
be brought only in (1) a judicial district where any defendant resides, if all
defendants reside in the same State, (2) a judicial district in which a
substantial part of the events or omissions giving rise to the claim occurred,
or a substantial part of property that is the subject of the action is
situated, or (3) a judicial district in which any defendant may be found, if
there is no district in which the action may otherwise be brought.
- (c) For purposes of venue under this chapter, a defendant
that is a corporation shall be deemed to reside in any judicial district in
which it is subject to personal jurisdiction at the time the action is
commenced. In a State which has more than one judicial district and in which a
defendant that is a corporation is subject to personal jurisdiction at the
time an action is commenced, such corporation shall be deemed to reside in any
district in that State within which its contacts would be sufficient to
subject it to personal jurisdiction if that district were a separate State,
and, if there is no such district, the corporation shall be deemed to reside
in the district within which it has the most significant contacts.
- (d) An alien may be sued in any district.
- (e) A civil action in which a defendant is an officer or
employee of the United States or any agency thereof acting in his official
capacity or under color of legal authority, or an agency of the United States,
or the United States, may, except as otherwise provided by law, be brought in
any judicial district in which (1) a defendant in the action resides, (2) a
substantial part of the events or omissions giving rise to the claim occurred,
or a substantial part of property that is the subject of the action is
situated, or (3) the plaintiff resides if no real property is involved in the
action. Additional persons may be joined as parties to any such action in
accordance with the Federal Rules of Civil Procedure and with such other venue
requirements as would be applicable if the United States or one of its
officers, employees, or agencies were not a party.
The summons and
complaint in such an action shall be served as provided by the Federal Rules
of Civil Procedure except that the delivery of the summons and complaint to
the officer or agency as required by the rules may be made by certified mail
beyond the territorial limits of the district in which the action is brought.
- (f) A civil action against a foreign state as defined in
section 1603(a) of
this title may be brought -
- (1) in any judicial district in which a substantial part
of the
events or omissions giving rise to the claim occurred, or a
substantial part of property that is the subject of the action is
situated;
- (2) in any judicial district in which the vessel or
cargo of a
foreign state is situated, if the claim is asserted under
section
1605(b) of this title;
- (3) in any judicial district in which the agency or
instrumentality is licensed to do business or is doing business,
if
the action is brought against an agency or instrumentality of
a foreign
state as defined in section 1603(b)
of this title; or
- (4) in the United States District Court for the District
of
Columbia if the action is brought against a foreign state or
political subdivision thereof.
[Updates |
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