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28 U.S. Code § 1367 – Supplemental jurisdiction

(through July 14, 2022)

(a) Except as provided in subsections (b) and (c) or as expressly provided otherwise by Federal statute, in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution. Such supplemental jurisdiction shall include claims that involve the joinder or intervention of additional parties.

(b) In any civil action of which the district courts have original jurisdiction founded solely on section 1332 of this title, the district courts shall not have supplemental jurisdiction under subsection (a) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules, when exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332.

(c) The district courts may decline to exercise supplemental jurisdiction over a claim under subsection (a) if—(1) the claim raises a novel or complex issue of State law, (2) the claim substantially predominates over the claim or claims over which the district court has original jurisdiction, (3) the district court has dismissed all claims over which it has original jurisdiction, or (4) in exceptional circumstances, there are other compelling reasons for declining jurisdiction.

(d) The period of limitations for any claim asserted under subsection (a), and for any other claim in the same action that is voluntarily dismissed at the same time as or after the dismissal of the claim under subsection (a), shall be tolled while the claim is pending and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period.

(e) As used in this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.

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Key Civ Pro Laws (MBE/MEE)

Constitutional Provisions

• Article III, section 2
• Fifth Amendment
• Seventh Amendment
• Fourteenth Amendment

U.S. Code

• Section 1291 – Final decisions of district courts
• Section 1292 – Interlocutory decisions
• Section 1331 – Federal question
• Section 1332 – Diversity
• Section 1335 – Interpleader
• Section 1338 – Intellectual Property
• Section 1359 – Parties collusively joined or made
• Section 1367 – Supplemental jurisdiction
• Section 1391 – Venue generally
• Section 1397 – Interpleader
• Section 1404 – Change of venue
• Section 1406 – Cure or waiver of defects
• Section 1407 – Multidistrict litigation
• Section 1441 – Removal generally
• Section 1446 – Removal procedure
• Section 1447 – Post-removal procedure
• Section 1738 – Full faith and credit
• Section 1870 – Challenges
• Section 2072 – Rules of procedure and evidence; power to subscribe
• Section 2361 – Process and procedure

FRCP

• Rule 3 – Commencing an action
• Rule 4 – Summons
• Rule 6 – Computing and extending time
• Rule 7 – Pleadings allowed
• Rule 8 – General pleading rules
• Rule 9 – Pleading special matters
• Rule 10 – Form of pleadings
• Rule 11 – Signing pleadings, motions, and other papers
• Rule 12 – Defenses and objections
• Rule 13 – Counterclaim and crossclaim
• Rule 14 – Third-party practice
• Rule 15 – Amended and supplemental pleadings
• Rule 16 – Pretrial conferences, scheduling, management
• Rule 19 – Required joinder of parties
• Rule 20 – Permissive joinder of parties
• Rule 22 – Interpleader
• Rule 23 – Class actions
• Rule 24 – Intervention
• Rule 25 – Substitution
• Rule 26 – Duty to disclose
• Rule 30 – Depositions by oral examination
• Rule 31 – Depositions by written questions
• Rule 33 – Interrogatories
• Rule 34 – Producing documents, electronically stored information, and tangible things
• Rule 35 – Physical and mental examinations
• Rule 36 – Requests for admission
• Rule 37 – Failure to make disclosures or to cooperate in discovery
• Rule 38 – Right to a jury trial
• Rule 41 – Dismissal of actions
• Rule 42 – Consolidation; separate trials
• Rule 45 – Subpoena
• Rule 47 – Selecting jurors
• Rule 48 – Number of jurors; verdict; polling
• Rule 49 – Special verdict; general verdict and questions
• Rule 50 – Judgment as a matter of law in a jury trial
• Rule 51 – Instructions to the jury; objections; preserving a claim of error
• Rule 52 – Findings and conclusions by the court; judgment on partial findings
• Rule 54 – Judgment, costs
• Rule 55 – Default
• Rule 56 – Summary judgment
• Rule 59 – New trial; altering or amending a judgment
• Rule 60 – Relief from a judgment or order
• Rule 65 – Injunctions and restraining orders

FRAP

• Rule 4 – Appeal as of right
• Rule 21 – Extraordinary writs