28 USC § 1919 - Dismissal for lack of jurisdiction

---
identifier: "/us/usc/t28/s1919"
source: "usc"
legal_status: "official_legal_evidence"
title: "28 USC § 1919 - Dismissal for lack of jurisdiction"
title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
section_number: "1919"
section_name: "Dismissal for lack of jurisdiction"
chapter_number: 123
chapter_name: "FEES AND COSTS"
part_number: "V"
part_name: "PROCEDURE"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(June 25, 1948, ch. 646, 62 Stat. 955; Pub. L. 96–417, title V, § 510, Oct. 10, 1980, 94 Stat. 1743; Pub. L. 102–572, title IX, § 908(a), (b)(1), Oct. 29, 1992, 106 Stat. 4519.)"
---


# § 1919. Dismissal for lack of jurisdiction

Whenever any action or suit is dismissed in any district court, the Court of International Trade, or the Court of Federal Claims for want of jurisdiction, such court may order the payment of just costs.

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**Source Credit**: (June 25, 1948, ch. 646, 62 Stat. 955; Pub. L. 96–417, title V, § 510, Oct. 10, 1980, 94 Stat. 1743; Pub. L. 102–572, title IX, § 908(a), (b)(1), Oct. 29, 1992, 106 Stat. 4519.)

### Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 80 (, ).

Words “dismissed for want of jurisdiction” were substituted for “it shall appear to the satisfaction of the said district court, at any time after such suit has been brought or removed thereto, that such suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of said district court”. The substituted language is sufficient. (See reviser’s note under .) The provisions of , U.S.C., 1940 ed., relating to dismissal for improper or collusive joinder in removal proceedings, are incorporated in . Other provisions of , U.S.C., 1940 ed., appear in .

Changes were made in phraseology.

## Editorial Notes

### Amendments

1992— substituted “Dismissal” for “District courts; dismissal” in section catchline and inserted reference to Court of Federal Claims in text.

1980— included dismissals in Court of International Trade for want of jurisdiction.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1992 Amendment

Amendment by  effective , see , set out as a note under .

### Effective Date of 1980 Amendment

Amendment by  applicable with respect to civil actions commenced on or after , see , set out as a note under .