# § 1406. Cure or waiver of defects
**(a)** The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.
**(b)** Nothing in this chapter shall impair the jurisdiction of a district court of any matter involving a party who does not interpose timely and sufficient objection to the venue.
**(c)** As used in this section, the term “district court” includes the District Court of Guam, the District Court for the Northern Mariana Islands, and the District Court of the Virgin Islands, and the term “district” includes the territorial jurisdiction of each such court.
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**Source Credit**: (June 25, 1948, ch. 646, 62 Stat. 937; May 24, 1949, ch. 139, § 81, 63 Stat. 101; Pub. L. 86–770, § 1, Sept. 13, 1960, 74 Stat. 912; Pub. L. 87–845, § 10, Oct. 18, 1962, 76A Stat. 699; Pub. L. 97–164, title I, § 132, Apr. 2, 1982, 96 Stat. 39; Pub. L. 104–317, title VI, § 610(b), Oct. 19, 1996, 110 Stat. 3860.)
### Historical and Revision Notes
### 1948 Act
Subsection (a) provides statutory sanction for transfer instead of dismissal, where venue is improperly laid.
Subsection (b) is declaratory of existing law. (See , 1924, 44 S.Ct. 391, 264 U.S. 375, 68 L.Ed. 748.) It makes clear the intent of Congress that venue provisions are not jurisdictional but may be waived.
### 1949 Act
This section removes an ambiguity in , U.S.C., by substituting “may” for “shall”, thus making it clear that the court may decline to transfer a case brought in the wrong district under circumstances where it would not be in the interest of justice to make such transfer. [The amendment to described in this note was altered in the bill as enacted. See Cong. Rec., vol. 95, pt. 5, pp. 5826, 5827, 6283, 6284.]
## Editorial Notes
### Amendments
1996—Subsec. (c). amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “As used in this section, ‘district court’ includes the United States District Court for the District of the Canal Zone; and ‘district’ includes the territorial jurisdiction of that court.”
1982—Subsecs. (c), (d). redesignated subsec. (d) as (c). Former subsec. (c), which provided that if a case within the exclusive jurisdiction of the Court of Claims were filed in a district court, the district court, if it were in the interest of justice, was required to transfer the case to the Court of Claims where the case would proceed as if it had been filed in the Court of Claims on the date that it was filed in the district court, was struck out.
1962—Subsec. (d). added subsec. (d).
1960—Subsec. (c). added subsec. (c).
1949—Subsec. (a). Act , inserted “dismiss, or if it be in the interest of justice”.
## Statutory Notes and Related Subsidiaries
### Effective Date of 1996 Amendment
Amendment by applicable to cases pending on , and to cases commenced on or after such date, see , set out as a note under .
### Effective Date of 1982 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1962 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1960 Amendment
> “The amendments made by sections 1 and 2 of this Act [adding subsec. (c) of this section and
>
> ] shall apply to any case or proceeding pending on, or brought after, the date of enactment of this Act [
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> ] in the district courts or the Court of Claims.”
, , , provided in part that: