LAW 521-002 – Civil Procedure I

Transfer of Venue


Transfer of venue moves a case from one court to another within the same court system.

28 U.S.C. § 1404:

  1. For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented.
  1. Convenience of parties and witnesses
    • Most important factor
  2. Interests of justice
    1. Private factors:
      1. Where the claim arose
      2. Location of physical evidence like documents and property
      3. Whether a forum selection clause involved
    2. Public factors:
      1. Comparative ease between two courts in enforcing any judgment
      2. If one of the two courts is more familiar with the governing law to apply
      3. Whether the judicial economy is best served by keeping or transferring
      4. Local interest in the case

Plaintiff's selection of the initial forum is also afforded considerable weight.

Transfers between districts in a state are freely granted upon showing the convenience of witnesses, parties, and evidence.

A district court can transfer to cure venue. 28 U.S.C. § 1406

A district court can transfer to cure want of jurisdiction. 28 U.S.C. § 1631