28 U.S.C. § 1631
Transfer to cure want of jurisdiction
United States · Title 28 — JUDICIARY AND JUDICIAL PROCEDURE · Status: effective
Cite this
- Citation
- 28 U.S.C. § 1631, Transfer to cure want of jurisdiction, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/465307
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Full 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.
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- Federal Courts Improvement Act of 1981House: no recorded tallySenate: no recorded tally
- Protecting Access to the Courts for Taxpayers ActHouse: no recorded tallySenate: no recorded tally