Transfer to cure want of jurisdiction

28 U.S.C. § 1631

• Title: 28 — Judiciary and Judicial Procedure
• Chapter: 99 — GENERAL PROVISIONS

Text

Whenever a civil action is filed in a court as defined in section 610 of this title or an appeal, including a petition for review of administrative action, is noticed for or filed with such a court and that court finds that there is a want of jurisdiction, the court shall, if it is in the interest of justice, transfer such action or appeal to any other such court (or, for cases within the jurisdiction of the United States Tax Court, to that court) in which the action or appeal could have been brought at the time it was filed or noticed, and the action or appeal shall proceed as if it had been filed in or noticed for the court to which it is transferred on the date upon which it was actually filed in or noticed for the court from which it is transferred.

History

(Added Pub. L. 97–164, title III, §301(a), Apr. 2, 1982, 96 Stat. 55; amended Pub. L. 115–332, §2, Dec. 19, 2018, 132 Stat. 4487.)

Editorial Notes

Editorial Notes

Amendments
2018—Pub. L. 115–332 inserted "(or, for cases within the jurisdiction of the United States Tax Court, to that court)" after "any other such court".

Statutory Notes and Related Subsidiaries

Effective Date
Section effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as an Effective Date of 1982 Amendment note under section 171 of this title.

Editorial Notes

Amendments
2005—Pub. L. 109–2, §3(b), Feb. 18, 2005, 119 Stat. 9, added item for chapter 114.

Editorial Notes

Amendments
1994—Pub. L. 103–465, title III, §321(b)(1)(B), Dec. 8, 1994, 108 Stat. 4946, added item 1659.
1990—Pub. L. 101–650, title III, §313(b), Dec. 1, 1990, 104 Stat. 5115, added item 1658.
1984—Pub. L. 98–620, title IV, §401(b), Nov. 8, 1984, 98 Stat. 3357, added item 1657.