Civil procedure: venue and removal

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Library edition words from 28 U.S.C.

Venue, transfer and removal, in the words of 28 U.S.C. §§ 1391, 1404, 1406, 1441, 1446 and 1447.

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Words from
United States Code, Title 28 (Office of the Law Revision Counsel). Enacted law, free to use.
Edition
United States Code, Title 28, current through Pub. L. 119-121 (Oct. 9, 2026)
Checked
Word for word against the source, on 17 October 2026.
How it was made
Each card is a section’s or subsection’s own words, without its number or small-capital heading, and each section’s catchline is on the front with its number on the back.A list’s lead-in loses its closing dash, each item loses its closing punctuation and the “and” or “or” that ties it to the next, and a provision with lettered parts is printed one part to a line.
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Law, Civil procedure · 26 cards · 6 topics

The cards

  1. Venue generally§ 139128 U.S.C. § 1391
  2. 28 U.S.C. § 1391(b): A civil action may be brought in
    1. 1a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located
    2. 2a 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
    3. 3if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action
  3. 28 U.S.C. § 1391(c): For all venue purposes
    1. 1a natural person, including an alien lawfully admitted for permanent residence in the United States, shall be deemed to reside in the judicial district in which that person is domiciled
    2. 2an entity with the capacity to sue and be sued in its common name under applicable law, whether or not incorporated, shall be deemed to reside, if a defendant, in any judicial district in which such defendant is subject to the court's personal jurisdiction with respect to the civil action in question and, if a plaintiff, only in the judicial district in which it maintains its principal place of business
    3. 3a defendant not resident in the United States may be sued in any judicial district, and the joinder of such a defendant shall be disregarded in determining where the action may be brought with respect to other defendants
  4. 28 U.S.C. § 1391(d)For purposes of venue under this chapter, 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.
  5. Change of venue§ 140428 U.S.C. § 1404
  6. 28 U.S.C. § 1404(a)For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented.
  7. Cure or waiver of defects§ 140628 U.S.C. § 1406
  8. 28 U.S.C. § 1406(a)The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.
  9. 28 U.S.C. § 1406(b)Nothing in this chapter shall impair the jurisdiction of a district court of any matter involving a party who does not interpose timely and sufficient objection to the venue.
  10. Removal of civil actions§ 144128 U.S.C. § 1441
  11. 28 U.S.C. § 1441(a)Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending.
  12. 28 U.S.C. § 1441(b)(1)In determining whether a civil action is removable on the basis of the jurisdiction under section 1332(a) of this title, the citizenship of defendants sued under fictitious names shall be disregarded.
All 26 cards
  1. 28 U.S.C. § 1441(b)(2)A civil action otherwise removable solely on the basis of the jurisdiction under section 1332(a) of this title may not be removed if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought.
  2. 28 U.S.C. § 1441(c)(1): If a civil action includes
    1. 1a claim arising under the Constitution, laws, or treaties of the United States (within the meaning of section 1331 of this title)
    2. 2a claim not within the original or supplemental jurisdiction of the district court or a claim that has been made nonremovable by statute
    the entire action may be removed if the action would be removable without the inclusion of the claim described in subparagraph (B).
  3. 28 U.S.C. § 1441(c)(2)Upon removal of an action described in paragraph (1), the district court shall sever from the action all claims described in paragraph (1)(B) and shall remand the severed claims to the State court from which the action was removed. Only defendants against whom a claim described in paragraph (1)(A) has been asserted are required to join in or consent to the removal under paragraph (1).
  4. Procedure for removal of civil actions§ 144628 U.S.C. § 1446
  5. 28 U.S.C. § 1446(a)A defendant or defendants desiring to remove any civil action from a State court shall file in the district court of the United States for the district and division within which such action is pending a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action.
  6. 28 U.S.C. § 1446(b)(1)The notice of removal of a civil action or proceeding shall be filed within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based, or within 30 days after the service of summons upon the defendant if such initial pleading has then been filed in court and is not required to be served on the defendant, whichever period is shorter.
  7. 28 U.S.C. § 1446(b)(2)(A)When a civil action is removed solely under section 1441(a), all defendants who have been properly joined and served must join in or consent to the removal of the action.
  8. 28 U.S.C. § 1446(b)(3)Except as provided in subsection (c), if the case stated by the initial pleading is not removable, a notice of removal may be filed within thirty days after receipt by the defendant, through service or otherwise, of a copy of an amended pleading, motion, order or other paper from which it may first be ascertained that the case is one which is or has become removable.
  9. 28 U.S.C. § 1446(c)(1)A case may not be removed under subsection (b)(3) on the basis of jurisdiction conferred by section 1332 more than 1 year after commencement of the action, unless the district court finds that the plaintiff has acted in bad faith in order to prevent a defendant from removing the action.
  10. 28 U.S.C. § 1446(d)Promptly after the filing of such notice of removal of a civil action the defendant or defendants shall give written notice thereof to all adverse parties and shall file a copy of the notice with the clerk of such State court, which shall effect the removal and the State court shall proceed no further unless and until the case is remanded.
  11. Procedure after removal generally§ 144728 U.S.C. § 1447
  12. 28 U.S.C. § 1447(c)A motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal under section 1446(a). If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded. An order remanding the case may require payment of just costs and any actual expenses, including attorney fees, incurred as a result of the removal. A certified copy of the order of remand shall be mailed by the clerk to the clerk of the State court. The State court may thereupon proceed with such case.
  13. 28 U.S.C. § 1447(d)An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise, except that an order remanding a case to the State court from which it was removed pursuant to section 1442 or 1443 of this title shall be reviewable by appeal or otherwise.
  14. 28 U.S.C. § 1447(e)If after removal the plaintiff seeks to join additional defendants whose joinder would destroy subject matter jurisdiction, the court may deny joinder, or permit joinder and remand the action to the State court.

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