Page:United States Statutes at Large Volume 102 Part 5.djvu/663

 PUBLIC LAW 100-702—NOV. 19, 1988

102 STAT. 4669

States shall submit a report to the Congress on the actual costs of filing actions in the district courts of the United States. SEC. 1013. CORPORATE VENUE.

(a) IN GENERAL.—Section 1391(c) is amended to read as follows: "(c) For purposes of venue under this chapter, a defendant that is a corporation shall be deemed to reside in any judicial district in which it is subject to personal jurisdiction at the time the action is commenced. In a State which has more than one judicial district and in which a defendant that is a corporation is subject to personal jurisdiction at the time an action is commenced, such corporation shall be deemed to reside in any district in that State within which its contacts would be sufficient to subject it to personal jurisdiction if that district were a separate State, and, if there is no such district, the corporation shall be deemed to reside in the district within which it has the most significant contacts.". (b) EFFECTIVE DATE.—The amendment made by this section takes 28 USC 1391 effect 90 days after the date of enactment of this title. ^o**SEC. 1014. METHOD OF RECORDING.

Paragraph (7) of section 636(c) is amended to read as follows: "(7) The magistrate shall, subject to guidelines of the Judicial Conference, determine whether the record taken pursuant to this section shall be taken by electronic sound recording, by a court reporter, or by other means.". SEC. 1015. LOCATION OF CHAMBERS OF CIRCUIT JUDGES.

Section 462(c) is amended by striking out "where Federal facilities are available" and inserting in lieu thereof "within the circuit other than where regular sessions of court are authorized by law to be held,". SEC. 1016. IMPROVEMENTS IN REMOVAL PROCEDURE.

(a) ACTIONS REMOVABLE GENERALLY.—Section 1441(a) is amended by adding at the end thereof the following new sentence: "For purposes of removal under this chapter, the citizenship of defendants sued under fictitious names shall be disregarded.". (b) PROCEDURE FOR REMOVAL.—Section 1446 is amended— (1) by amending subsection (a) to read as follows: "(a) A defendant or defendants desiring to remove any civil action or criminal prosecution from a State court shall file in the district court of the United States for the district and division within which such action is pending a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action."; (2) in subsection (b)— (A) by striking out "petition for removal" each place it appears and inserting in lieu thereof "notice of removal"; and (B) in the second paragraph by striking out the period at the end thereof and inserting in lieu thereof ", except that a case may not be removed on the basis of jurisdiction conferred by section 1332 of this title more than 1 year after commencement of the action."; and

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