Based on title 28, U.S.C., 1940 ed., § 41(1) (Mar. 3, 1911, ch. 231, § 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, § 1, 48 Stat. 775; Aug. 21, 1937, ch. 726, § 1, 50 Stat. 738; Apr. 20, 1940, ch. 117, 54 Stat. 143).
Other provisions of section 41(1) of title 28, U.S.C., 1940 ed., are incorporated in sections 1331, 1341, 1342, 1345, 1354, and 1359 of this title. (See reviser’s notes under said sections.)
Jurisdiction conferred by other sections of this chapter, except section 1335, is not dependent upon diversity of citizenship. (See annotations under former section 41 of title 28, U.S.C.A., and 35 C.J.S., p. 833 et seq. §§ 30–43. See, also, reviser’s note under section 1331 of this title.) As to citizenship of bank where jurisdiction depends upon diversity of citizenship, see section 1348 of this title.
Words “all civil actions” were substituted for “all suits of a civil nature, at common law or in equity” in order to conform to Rule 2 of the Federal Rules of Civil Procedure.
Words “or citizens of the District of Columbia, Territory of Hawaii, or Alaska, and any State or Territory” which were inserted by the amendatory act
The revised section conforms with the views of Philip F. Herrick, United States Attorney, Puerto Rico, who observed that the act of
This changes the law to insure uniformity. The 1940 amendment applied only to the provision as to controversies between “citizens of different States.” The new definition in subsection (b) extends the 1940 amendment to apply to controversies between citizens of the Territories or the District of Columbia, and foreign states or citizens or subjects thereof.
The diversity of citizenship language of section 41(1) of title 28, U.S.C., 1940 ed., as amended in 1940, was described as ambiguous in McGarry v. City of Bethlehem, 45 F.Supp. 385, 386. In that case the 1940 amendment was held unconstitutional insofar as it affected the District of Columbia. However, two other district courts upheld the amendment. Winkler v. Daniels, D.C.Va. 1942, 43 F.Supp. 265; Glaeser v. Acacia Mutual Life Ass’n., D.C.Cal. 1944, 55 F.Supp. 925.
This section is intended to cover all diversity of citizenship instances in civil actions in accordance with the judicial construction of the language in the original section 41(1) of title 28, U.S.C., 1940 ed. Therefore, the revised language covers civil actions between—
Citizens of a State, and citizens of other States and foreign states or citizens or subjects thereof;
Citizens of a Territory or the District of Columbia, and foreign states or citizens or subjects thereof;
Citizens of different States;
Citizens of different Territories;
Citizens of a State, and citizens of Territories;
Citizens of a State or Territory, and citizens of the District of Columbia;
Citizens of a State, and foreign states or citizens or subjects thereof.
The revised section removes an uncertainty referred to in the McGarry case, supra, as to whether Congress intended to permit citizens of the Territories or the District of Columbia to sue a State or Territory itself rather than the citizens thereof. The court observed that “Congress could hardly have had such intention.”
The sentence “The foregoing provisions as to the sum or value of the matter in controversy shall not be construed to apply to any of the cases mentioned in the succeeding paragraphs of this section” was omitted as unnecessary. Those paragraphs are (2)–(28) of said section 41 of title 28, U.S.C., 1940 ed., which are revised and incorporated in this chapter and, except for those relating to actions against the United States and interpleader, contains no provision as to a sum or value necessary to confer jurisdiction. Consequently the omitted sentence is covered by excluding such requirement.
Section 41(1) of title 28, U.S.C., 1940 ed., as originally enacted, purported to include all jurisdictional provisions relating to the district courts. Subsequently, many special jurisdictional provisions were enacted and incorporated in other titles of the U.S.C., 1940 ed., as follows: Title Section 7 209 7 210 7 216 7 292 7 499g 7 608a(6) 7 608c(15)(B) 7 610(b)(2) 7 648 7 1175 7 1365—1367 7 1376 7 1508(c) 8 164 8 701 8 903 9 4 9 8 9 9 11 11(a) 11 46 11 205(a), (l) 11 401 11 511 11 512 11 514—516 11 711 11 712 11 811 11 812 11 1011 11 1012 11 1013 11 1200 12 93 12 195 12 632 15 4 15 9 15 15 15 25 15 26 15 31 15 53 15 68e 15 77t 15 77v 15 77vvv 15 78u(e) 15 78u(f) 15 78aa 15 79k(d), (e) 15 79r(f), (g) 15 80a–25 15 80a–34 15 80a–35 15 80a–41(c), (e) 15 80a–43 15 80b–14 15 97 15 99 15 433 15 715d(c) 15 715i 15 717s 15 717u 16 10 16 583e 16 820 16 825m 16 825n 16 825p 17 26 17 34 21 193 21 332 21 355 25 314 25 345 26 3633 26 3800 27 207 29 101 29 103—109 29 160(e) 29 216 29 217 30 188 31 232 33 495 33 918 33 921 35 63 35 66 35 67 35 72a 35 90 38 445 40 257 40 270b 40 361 41 113(b)(2) 42 405(c)(5), (g) 43 546 43 1062 45 56 45 88 45 89 45 153(p) 45 159 45 185 45 228j(b)4 45 228k 45 268 45 355(f) 46 597 46 688 46 711 46 741 et seq. 46 781 et seq. 46 941(c) 46 951 46 954 46 1114(c) 46 1128d 47 11 47 13 47 33 47 36 47 207 47 401 47 406 47 407 48 242 48 245 49 5(8) 49 9 49 16(2) 49 16(9) 49 16(12) 49 17(9) 49 19a(l) 49 20(9) 49 23 49 26(h) 49 41(1), (3) 49 43 49 181(b), (c) 49 305(g) 49 322(b) 49 647 49 916 49 1017 49 1021 50 23 D.C. Code 11–305—11–307 D.C. Code 11–309 D.C. Code 11–324
Rule 23 of the Federal Rules of Civil Procedure, referred to in subsec. (d)(1)(B), (11)(C)(ii), is set out in the Appendix to this title.
2011—Subsec. (a). Pub. L. 112–63, § 101(1), struck out concluding provisions which read as follows: “For the purposes of this section, section 1335, and section 1441, an alien admitted to the United States for permanent residence shall be deemed a citizen of the State in which such alien is domiciled.”
Subsec. (a)(2). Pub. L. 112–63, § 101(2), inserted before semicolon at end “, except that the district courts shall not have original jurisdiction under this subsection of an action between citizens of a State and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same State”.
Subsec. (c)(1). Pub. L. 112–63, § 102, substituted “every State and foreign state” for “any State”, “it has been incorporated and of the State or foreign state” for “it has been incorporated and of the State”, and “such insurer shall be deemed a citizen of—” for “such insurer shall be deemed a citizen of the State of which the insured is a citizen, as well as of any State by which the insurer has been incorporated and of the State where it has its principal place of business; and” and added subpars. (A) to (C).
2005—Subsecs. (d), (e). Pub. L. 109–2 added subsec. (d) and redesignated former subsec. (d) as (e).
1996—Subsecs. (a), (b). Pub. L. 104–317 substituted “$75,000” for “$50,000”.
1988—Subsec. (a). Pub. L. 100–702, § 201(a), substituted “$50,000” for “$10,000” in introductory text.
Pub. L. 100–702, § 203(a), inserted at end “For the purposes of this section, section 1335, and section 1441, an alien admitted to the United States for permanent residence shall be deemed a citizen of the State in which such alien is domiciled.”
Subsec. (b). Pub. L. 100–702, § 201(a), substituted “$50,000” for “$10,000”.
Subsec. (c). Pub. L. 100–702, § 202(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “For the purposes of this section and section 1441 of this title, a corporation shall be deemed a citizen of any State by which it has been incorporated and of the State where it has its principal place of business: Provided further, That in any direct action against the insurer of a policy or contract of liability insurance, whether incorporated or unincorporated, to which action the insured is not joined as a party-defendant, such insurer shall be deemed a citizen of the State of which the insured is a citizen, as well as of any State by which the insurer has been incorporated and of the State where it has its principal place of business.”
1976—Subsec. (a)(2). Pub. L. 94–583 substituted “and citizens or subjects of a foreign state;” for “, and foreign states or citizens or subjects thereof; and”.
Subsec. (a)(3). Pub. L. 94–583 substituted “citizens or subjects of a foreign state are additional parties; and” for “foreign states or citizens or subjects thereof are additional parties”.
Subsec. (a)(4). Pub. L. 94–583 added par. (4).
1964—Subsec. (c). Pub. L. 88–439 inserted proviso deeming an insurer of liability insurance, in an action to which the insurer is not joined as a party-defendant, a citizen, of the State of which the insured is a citizen, as well as the State the insurer has been incorporated by and the State where it has its principal place of business.
1958—Pub. L. 85–554 included costs in section catchline.
Subsec. (a). Pub. L. 85–554 substituted “$10,000” for “$3,000”.
Subsecs. (b) to (d). Pub. L. 85–554 added subsecs. (b) and (c) and redesignated former subsec. (b) as (d).
1956—Subsec. (b). Act
Pub. L. 112–63, title I, § 105, “(a) Subject to subsection (b), the amendments made by this title [enacting section 1455 of this title and amending this section and sections 1441, 1446, and 1453 of this title] shall take effect upon the expiration of the 30-day period beginning on the date of the enactment of this Act [“(b) For purposes of subsection (a), an action or prosecution commenced in State court and removed to Federal court shall be deemed to commence on the date the action or prosecution was commenced, within the meaning of State law, in State court.”
Pub. L. 109–2, § 9,
Pub. L. 104–317, title II, § 205(b),
Pub. L. 100–702, title II, § 201(b),
Pub. L. 100–702, title II, § 202(b),
Pub. L. 100–702, title II, § 203(b),
Amendment by Pub. L. 94–583 effective 90 days after
Pub. L. 88–439, § 2,
Amendment by Pub. L. 85–554 applicable only in the case of actions commenced after