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Federal Civil Procedure : Relevant Statutes

This guide is intended to help law students and practitioners find resources which will help them understand federal civil procedure and find applicable federal court rules. Developed by Joan Markey and updated by Rosemary Campagna.

Important Statutes for Federal Civil Procedure/ Federal District Courts

Admiralty, maritime, prize jurisiction: 28 USC § 1333
Antitrust jurisdiction: 28 USC § 1337
Bankruptcy jurisdiction: 28 USC § 1334
Civil Rights and Elective Franchise Jurisdiction: 28 USC § 1343
Copyright, trademark, patent, etc. jurisdiction: 28 USC § 1338
Diversity jurisdiction: 28 USC § 1332 The federal district courts have jurisdiction over civil actions between citizens of different states and citizens and aliens under certain circumstances.
Federal Question Jurisdiction: 28 USC § 1331 The federal district courts have jurisdiction over civil actions concerning the Constitution, laws and treaties of the United States.

Venue generally: 28 USC § 1391

A Selected List of Statutes Relating to Federal Jurisdiction

In addition to the Federal Rules of Civil Procedure, Title 28 of the United States Code contains other statutes which govern matters such as the jurisdiction and venue of federal courts.  Jurisdiction of the federal district courts over various types of actions is set forth in Chapter 85 of Title 28.  Venue of the federal district courts is dealt with by Chapter 87 of Title 28.

Particular statutes which may be of interest to you are linked in the columns to the left and right.  However, you may want to browse through Chapters 85 and 87 to see if any of the statutes within them apply to your case.

Remember that you can find annotations to these statutes and the federal rules in both the USCA (United States Code Annotated), available on Westlaw (Password required)  and the United States Code Service, which is available on Lexis (Password Required).. 

Important Statutes for Federal Civil Procedure/Other Courts

Jurisdiction of the US Supreme Court, Title 28 , Chapter 81 §§ 1251-1259

Juridiction of the federal courts of appeal is governed primarily by 28 USC §§ 1291-1296. Of particular note are

28 USC §1291, which gives the courts of appeal jurisdiction over appeals from final decisions of the federal district courts.

28 USC § 1292, which gives the courts of appeal jurisdiction over certain interlocutory appeals from the federal district courts, including the granting or denial of injunctive relief.

28 USC § 1296, which gives the courts of appeal jurisdiction over appeals from certain federal agencies.