Transfer to cure want of jurisdiction

  1. Law
  2. USC 28
  3. Judiciary And Judicial Procedure
  4. JURISDICTION AND VENUE
  5. GENERAL PROVISIONS
  6. Transfer to cure want of jurisdiction

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§1631. Transfer to cure want of jurisdiction

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.

(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 .)

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".

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.


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