NOTES TO RULE 82
HISTORY: (Amended Oct. 20, 1949; July 1, 1966)
Notes of Advisory Committee on Rules.
These rules grant extensive power of joining claims and counterclaims in one action, but, as this rule states, such grant does not extend federal jurisdiction. The rule is declaratory of existing practice under the former Federal Equity Rules with regard to such provisions as former Equity Rule 26 on Joinder of Causes of Action and former Equity Rule 30 on Counterclaims. Compare Shulman and Jaegerman, Some Jurisdictional Limitations on Federal Procedure, 45 Yale L J 393 (1936).
Notes of Advisory Committee on 1949 Amendments to Rules.
The amendment effective October 1949 substituted the words "United States district courts" for "district courts of the United States."
Notes of Advisory Committee on 1966 Amendments to Rules.
Title 28, USC, § 1391(b) provides: "A civil action wherein jurisdiction is not founded solely on diversity of citizenship may be brought only in the judicial district where all defendants reside, except as otherwise provided by law." This provision cannot appropriately be applied to what were formerly suits in admiralty. The rationale of decisions holding it inapplicable rests largely on the use of the term "civil action": i.e., a suit in admiralty is not a "civil action" within the statute. By virtue of the amendment to Rule 1, the provisions of Rule 2 convert suits in admiralty into civil actions. The added sentence is necessary to avoid an undesirable change in existing law with respect to venue.
Notes of Advisory Committee on 2001 Amendments to Rules.
The final sentence of Rule 82 is amended to delete the reference to 28 U.S.C. § 1393, which has been repealed.