Federal Court Jurisdiction Checker

U.S. district courts are the main trial courts of the federal court system. Jurisdiction is a court’s legal authority to hear and decide a certain type of case. U.S. CourtsU.S. Courts

Federal district courts have original jurisdiction over all civil cases arising under the Constitution, laws or treaties of the United States. U.S. Code

Federal district courts can hear a civil case between citizens of different states when the matter in controversy exceeds $75,000, exclusive of interest and costs. The amount must exceed $75,000: exactly $75,000 isn’t enough, and interest and costs don’t count toward it. U.S. CodeU.S. Code

State courts are courts of general jurisdiction, and they can hear most cases that raise issues under the Constitution or federal law too, unless Congress has provided that a kind of federal claim may be heard only in federal court. Constitution Annotated

The vast majority of civil and criminal cases are filed in state courts, and some cases can be filed under similar laws in either state or federal court. U.S. Courts

Federal Question Jurisdiction

• Federal district courts have original jurisdiction over all civil cases arising under the Constitution, laws or treaties of the United States. U.S. Code
• To decide whether a case arises under federal law, courts look for a federal question in the plaintiff’s “well-pleaded complaint.” What counts are the claims the plaintiff raises; a defense based on federal law, actual or expected, isn’t enough. Constitution Annotated
• The vast majority of federal-question cases raise claims based directly on federal law. Constitution Annotated
• Less often, a state-law claim arises under federal law because the right to relief requires resolving a substantial, disputed question of federal law. Constitution Annotated
• For example, the Supreme Court found no federal-question jurisdiction over state-law negligence claims based partly on a claim that a drug was misbranded in violation of federal law. Constitution Annotated
• Federal-question cases have no minimum dollar amount: Congress removed that requirement from 28 U.S.C. 1331 in 1976 and 1980. Constitution Annotated
• When a federal court has jurisdiction over a claim, it can generally also hear related claims that form part of the same case, including state-law claims, though limits apply in cases based only on diversity. U.S. Code
• A federal court may decline to hear those related state-law claims in some situations, such as when it has dismissed every claim it had original jurisdiction over. U.S. Code
• The Supreme Court has held that federal courts have exclusive jurisdiction over claims under the federal antitrust laws, even though Congress hasn’t said so. Constitution Annotated

Diversity Jurisdiction and the $75,000 Rule

• Federal district courts can hear a civil case between citizens of different states when the matter in controversy exceeds $75,000, exclusive of interest and costs. U.S. Code
• The amount must exceed $75,000: exactly $75,000 isn’t enough, and interest and costs don’t count toward it. U.S. Code
• The amount in controversy is the value of the relief the case seeks. Constitution Annotated
• When a case has several parties, diversity must be complete: no party on one side can be a citizen of the same state as any party on the other side. Constitution Annotated
• A person’s state citizenship depends on domicile, not residence: generally the state that is the person’s true, fixed and permanent home, where they intend to return whenever they are away. Constitution Annotated
• A corporation is a citizen of every state or country where it is incorporated and of the state or country where it has its principal place of business. U.S. Code
• A corporation’s principal place of business is its “nerve center,” where its officers direct, control and coordinate its activities. Constitution Annotated
• When a liability insurer is sued directly and its insured isn’t joined as a defendant, the insurer is also a citizen of every state or country where the insured is a citizen. U.S. Code
• For partnerships, labor unions and other unincorporated associations, the citizenship of each member counts. Constitution Annotated
• Someone suing or sued for a deceased person’s estate counts as a citizen only of the deceased person’s state, and someone representing a minor or an incompetent person counts as a citizen only of that person’s state. U.S. Code
• For diversity, “states” include the territories, the District of Columbia and Puerto Rico. U.S. Code
• Federal courts can also hear a case between a citizen of a state and a citizen of another country when the matter in controversy exceeds $75,000, exclusive of interest and costs, except when the foreign citizen is a lawful permanent resident domiciled in the same state as the other side. U.S. Code
• The Supreme Court has held that federal jurisdiction over cases involving citizens of other countries doesn’t reach a private suit with a foreign citizen on one side unless a U.S. citizen is on the other. Constitution Annotated
• Even when the parties are from different states, federal courts can’t issue divorce, alimony or child custody decrees, probate a will or administer an estate. Constitution Annotated

Class Actions

• Federal courts can hear a class action when more than $5 million is at stake, exclusive of interest and costs, and any class member is a citizen of a different state from any defendant, or one side includes a citizen of a state and the other a foreign government or a citizen of another country. U.S. Code
• The class members’ claims are added together to reach the $5 million. U.S. Code
• That class action rule replaces the usual complete diversity requirement, under which each plaintiff must be a citizen of a different state from each defendant. Constitution Annotated
• In a class action under that rule, an unincorporated association counts as a citizen of the state where it has its principal place of business and the state under whose laws it is organized. U.S. Code
• The rule doesn’t apply when the class has fewer than 100 members, or when the main defendants are states, state officials or other governments against whom the court may be foreclosed from ordering relief. U.S. Code
• A federal court may turn down a class action when more than one-third but less than two-thirds of the class and the main defendants are citizens of the state where it was filed, and must turn it down in some cases, such as when two-thirds or more of the class and the main defendants are. U.S. Code
• A mass action, in which 100 or more people’s money claims are proposed to be tried together because they share common questions, is treated as a removable class action if it otherwise meets the class action rules, but only for the plaintiffs whose claims exceed $75,000. It doesn’t include a case in which all the claims arise from an event in the state where it was filed that caused injuries in that state or neighboring states. U.S. Code

Bankruptcy, Patents, Copyrights, Trademarks and Admiralty

• Federal district courts have original and exclusive jurisdiction over all bankruptcy cases, meaning cases under Title 11 of the U.S. Code. U.S. Code
• For civil proceedings arising under Title 11, or arising in or related to a bankruptcy case, federal district courts have original but not exclusive jurisdiction. U.S. Code
• Filing a bankruptcy petition automatically stops (stays) most lawsuits against the debtor over claims that arose before the bankruptcy, including starting or continuing a court case. U.S. Code
• Federal district courts have original jurisdiction over civil cases arising under the federal patent, plant variety protection, copyright and trademark laws. U.S. Code
• No state court can hear a claim arising under the federal patent, plant variety protection or copyright laws. Trademarks aren’t on that list. U.S. Code
• Federal district courts have original jurisdiction, “exclusive of the courts of the States,” over any civil case of admiralty or maritime jurisdiction, “saving to suitors in all cases all other remedies to which they are otherwise entitled.” U.S. Code
• Because of that “saving to suitors” clause, state courts can also hear most maritime contract and injury claims when a plaintiff brings a personal action against a defendant, such as for money damages. A case seeking a remedy against property itself (in rem), such as seizing a vessel to enforce a maritime lien, generally must go to federal court. Constitution Annotated
• Admiralty jurisdiction reaches all public waters that are navigable in fact, fresh or salt, tidal or not. Constitution Annotated
• Waters are “navigable in fact” when they are used, or could be used in their ordinary condition, as highways for commerce, for trade and travel on water. Constitution Annotated
• An injury case falls within admiralty jurisdiction only when two things are true: the wrong happened on navigable waters, and it bears a significant relationship to traditional maritime activity. Constitution Annotated
• A maritime suit brought in state court under the saving clause can’t be moved to federal court unless there is a basis for federal jurisdiction other than admiralty. Constitution Annotated

When the United States Is a Party

• Unless Congress provides otherwise, federal district courts have original jurisdiction over civil cases brought by the United States, or by a federal agency or officer Congress has expressly authorized to sue. U.S. Code
• The United States can’t be sued unless it consents, and only an act of Congress can give that consent. Constitution Annotated
• Subject to the rules in chapter 171 of Title 28, federal district courts have exclusive jurisdiction over money claims against the United States for injury, death or property loss caused by the negligent or wrongful act or omission of a federal employee acting within the scope of the job, when a private person would be liable under local law. U.S. Code
• Before suing the United States over an injury, death or property loss caused by a federal employee on the job, the claimant must first present the claim to the federal agency involved and have it finally denied in writing. If the agency hasn’t decided within six months, the claimant can treat that as a denial. U.S. Code
• Two deadlines apply to a tort claim against the United States: the claim must be presented to the agency in writing within two years after it accrues, and a lawsuit must be filed within six months after the agency mails its final denial. U.S. Code
• The lawsuit can’t ask for more than the amount claimed from the agency, unless the larger amount rests on newly discovered evidence or on new facts. U.S. Code
• Federal district courts share jurisdiction with the U.S. Court of Federal Claims over suits against the United States to recover federal taxes wrongly assessed or collected. U.S. Code
• Federal district courts and the U.S. Court of Federal Claims also share jurisdiction over other claims against the United States, not exceeding $10,000, based on the Constitution, a federal law or regulation, or a contract with the United States. Tort claims and certain federal contract disputes (41 U.S.C. 7104(b)(1) and 7107(a)(1)) are left out. U.S. Code
• The U.S. Court of Federal Claims handles most claims for money damages against the U.S. government. U.S. Courts
• A case in federal court that asks for relief other than money damages, and claims that a federal agency, officer or employee acted or failed to act in an official capacity, can’t be dismissed on the ground that it is against the United States. U.S. Code

Suing a State

• The Eleventh Amendment and the doctrine of sovereign immunity bar private individuals from suing a state, though not the federal government. Constitution Annotated
• States gave up that immunity for suits brought by the United States or by other states. Constitution Annotated
• The Supreme Court has held that the Eleventh Amendment bars federal courts from hearing state-law claims against a state. Constitution Annotated
• The Supreme Court has also held that federal courts can’t hear suits against state officials claiming they violated state law. Constitution Annotated
• Individuals can still bring some cases against states: when the state has waived its immunity, when Congress has abrogated it, and in suits the Supreme Court doesn’t treat as against the state, most often suits to stop state officials from acting. Constitution Annotated
• Under the doctrine associated with Ex parte Young (1908), a state official can be sued to stop the official from enforcing a state law that conflicts with the Constitution or federal law. Constitution Annotated
• The Eleventh Amendment didn’t bar a suit seeking damages from a governor and other state officials personally for depriving people of federal rights under color of state law. Constitution Annotated
• A state agency can claim the state’s immunity only if it acts as an arm of the state, and the Supreme Court has consistently refused to extend that immunity to counties, cities or towns. Constitution Annotated

Moving a Case From State Court (Removal)

• Unless Congress has said otherwise, a civil case filed in state court that a federal district court could have heard may be removed by the defendant or defendants to the federal district court for the place where it is pending. U.S. Code
• Only a defendant can move a case from state court to federal court; the side that filed the case in state court can’t. U.S. Code
• The notice of removal is due within 30 days after the defendant receives the complaint (the first pleading stating the claim), through service or otherwise, or within 30 days after being served with the summons if the complaint was already filed and doesn’t have to be served, whichever is shorter. U.S. Code
• In a case removed under the general removal law, every defendant who has been properly joined and served must join in or consent to the removal. U.S. Code
• A case that could be in federal court only because of diversity can’t be removed if any defendant who has been properly joined and served is a citizen of the state where the case was filed. U.S. Code
• If the case wasn’t removable at first, a notice of removal may be filed within 30 days after the defendant receives an amended pleading, motion, order or other paper that first shows it can be removed. U.S. Code
• A case that becomes removable on diversity only later can’t be removed more than one year after it began, unless the court finds the plaintiff acted in bad faith to prevent removal. U.S. Code
• For removal on diversity, the amount demanded in good faith in the complaint counts as the amount in controversy. The defendant may assert a different amount only when the complaint asks for something other than money, or state practice doesn’t allow a specific demand or allows recovering more than demanded. U.S. Code
• If it appears at any time before final judgment that the federal court lacks jurisdiction over the subject matter, the case must be sent back to state court. Objections to other defects in the removal must be raised within 30 days after the notice of removal is filed. U.S. Code
• Some cases filed in state court can’t be moved to federal court, including a railroad worker’s injury suit against the railroad under the Federal Employers’ Liability Act, a claim under that state’s workers’ compensation laws and a suit against a carrier for damaged or lost shipments when $10,000 or less is at stake. U.S. Code
• A case under the federal Securities Act of 1933 filed in state court can’t be moved to federal court, apart from an exception for certain class actions (15 U.S.C. 77p(c)). U.S. Code
• A civil case filed in state court against the United States, a federal agency or a federal officer (or a person acting under one), over an act under color of that office, may be removed by them to federal court. U.S. Code
• The Supreme Court reads that law broadly, to cover cases where federal officers can raise a colorable defense arising out of their duty to enforce federal law, and removal under it requires claiming such a federal defense. Constitution Annotated

Criminal Cases

• Federal district courts have original jurisdiction, “exclusive of the courts of the States,” over federal criminal cases. Constitution Annotated
• State courts hear most criminal cases, most contract and personal injury cases, family law cases such as divorces and adoptions, and probate of wills and estates. U.S. Courts

Getting Help

This page is a general explanation, not legal advice about any specific case.

For advice about your own case, talk to a lawyer.

• In federal court, the complaint describes the harm, explains how the defendant caused it, shows that the court has jurisdiction and asks for relief. U.S. Courts
• Pro se means presenting one’s own case in court without a lawyer. U.S. Courts
• The federal courts publish civil pro se forms, including a Complaint for a Civil Case and a Defendant’s Answer to the Complaint. U.S. Courts
• A plaintiff who can’t pay the federal filing fee may ask to proceed in forma pauperis, and if the court agrees, the fee is waived. U.S. Courts
• A prisoner allowed to proceed in forma pauperis still owes the full filing fee, paid in installments from the prisoner’s account. U.S. Code
• The federal courts’ website links to the website of each federal district and bankruptcy court. U.S. Courts

Related GovFacts Articles

• Federal Question vs. Diversity Jurisdiction: A Guide to Federal Courts
• Understanding Federal Law vs. State Law: Jurisdiction Explained
• Jurisdiction vs. Venue: Where Will Your Legal Case Be Heard?
• Original Jurisdiction vs. Appellate Jurisdiction: Which Court Hears Your Case First?