2026 transition tracked · Legacy UBE + NextGen UBESee the latest bar exam updates

Federal judicial power · complete doctrine guide

Supplemental jurisdiction

Supplemental jurisdiction lets a federal court hear an additional claim that would not qualify for federal jurisdiction on its own, as long as it is part of the same Article III case as a claim the court can already hear. The test is whether the claims share a common nucleus of operative fact, so that a federal judge trying one would naturally try the other in the same proceeding. That reach is not unlimited: in a case whose only basis is diversity, section 1367(b) cuts back supplemental jurisdiction over specified claims brought by the plaintiff against parties joined under the impleader, required-party, permissive-joinder, or intervention rules, precisely because allowing those claims would let a plaintiff use one nondiverse party to smuggle in another. A qualifying supplemental claim does not need to independently satisfy the amount-in-controversy requirement.

TESTED STATUSCurrent MBE, MEE where applicable, and NextGen foundational doctrine
01 · COMPLETE FRAMEWORK

Black-letter propositions

  1. 01

    Claims share a constitutional case when they derive from a common nucleus of operative fact.

  2. 02

    In diversity-only cases, section 1367(b) restricts specified claims by plaintiffs against parties joined under Rules 14, 19, 20, or 24 and claims by certain proposed plaintiffs.

  3. 03

    The court may decline when the state claim is novel or complex, substantially predominates, all federal claims are dismissed, or exceptional circumstances provide compelling reasons.

  4. 04

    A qualifying claim may enter even if it does not independently satisfy the amount in controversy.

02 · ORDER OF ANALYSIS

Use this attack sequence under time

1

Frame the issue

Find an original jurisdiction anchor.

2

Resolve the next checkpoint

Test common nucleus.

3

Resolve the next checkpoint

If diversity is the sole anchor, apply the plaintiff-side statutory exclusions.

4

Finish the conclusion

Consider discretionary decline only after power exists.

03 · DISTINCTIONS THAT CREATE POINTS

Common wrong turns

  • Supplemental jurisdiction never creates original jurisdiction from nothing.
  • Do not apply the diversity limitation to federal-question cases or to ordinary defendant claims without checking its text.
04 · WORKED APPLICATION

Worked example

A diverse plaintiff brings a $100,000 claim against one defendant and a related $20,000 claim against a second diverse defendant joined under Rule 20.

Model analysis

If complete diversity remains, the smaller related claim may fall within the same case, but a plaintiff's Rule 20 claim in a diversity-only action is within the statutory limitation; determine whether it independently meets diversity requirements.

05 · CLOSED-BOOK RETRIEVAL

Practice this topic

06 · FROM THE PRIMARY TEXT

Section 1367's structure

28 U.S.C. 1367(a) gives district courts supplemental jurisdiction over all other claims that are so related to claims within original jurisdiction that they form part of the same case or controversy under Article III. It includes claims involving joinder or intervention of additional parties.

Subsection (b) limits that grant in cases founded solely on diversity. The district courts do not have supplemental jurisdiction over claims by plaintiffs against persons made parties under Rule 14, 19, 20 or 24, or over claims by persons proposed to be joined as plaintiffs under Rule 19 or seeking to intervene as plaintiffs under Rule 24, when exercising it would be inconsistent with the requirements of section 1332.

07 · FROM THE PRIMARY TEXT

Discretion to decline, and tolling

Subsection (c) lets a court decline supplemental jurisdiction if the claim raises a novel or complex issue of State law, substantially predominates over the claims within original jurisdiction, all original-jurisdiction claims have been dismissed, or in exceptional circumstances there are other compelling reasons. Subsection (d) tolls the limitations period for a claim under (a) while it is pending and for 30 days after dismissal unless State law provides a longer period.

Because subsection (b) targets plaintiffs' claims against persons joined under specific rules, a defendant's compulsory counterclaim or third-party claim is analyzed under (a) instead.

08 · QUICK ANSWERS

Frequently asked questions

What is the controlling rule for supplemental jurisdiction?+

Supplemental jurisdiction covers claims within the same Article III case, but diversity-only plaintiff claims listed in section 1367(b) remain restricted.

What is the same case or controversy standard?+

28 U.S.C. 1367(a) grants supplemental jurisdiction over claims so related to original-jurisdiction claims that they form part of the same case or controversy under Article III.

Does supplemental jurisdiction include additional parties?+

Yes. Section 1367(a) says it includes claims that involve the joinder or intervention of additional parties.

What limits apply in diversity cases?+

Under section 1367(b), no supplemental jurisdiction over plaintiffs' claims against persons joined under Rules 14, 19, 20 or 24 when that would be inconsistent with section 1332.

When may a court decline supplemental jurisdiction?+

If the claim raises a novel or complex issue of State law, substantially predominates, all original claims were dismissed, or other compelling reasons exist in exceptional circumstances.

What does section 1367(d) do to limitations periods?+

It tolls the limitations period for a claim while it is pending and for 30 days after dismissal, unless State law provides a longer tolling period.

SOURCE DESK

Primary sources

Cornell LII: 28 U.S. Code (Sections 1367, 1332)↗28 U.S.C. § 1367 (Office of the Law Revision Counsel)↗

Governing text for supplemental jurisdiction

Federal Rules of Civil Procedure (U.S. Courts) ↗