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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 and Eric Yap.

Important Statutes for Federal Civil Procedure/ Federal District Courts

Note: links below are from Cornell Law School's Legal Information Institute:
 
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 in these Chapters apply to your case.

Research tip: You can find annotated versions of these statutes in both Westlaw Edge: United States Code Annotated (U.S.C.A.) (log in required) and Lexis +: United States Code Service (U.S.C.A.) (log in required).  Annotated statutes include statutory history, links to pertinent decisions and links to useful secondary sources.

Important Statutes for Federal Civil Procedure/Other Courts

Note: links below are from Cornell Law School's Legal Information Institute:

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

Jurisdiction 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.