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Motion to transfer venue

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Definition Edit

As stated in 28 U.S.C. §1404(a):

For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil matter to any other district or division where it might have been brought.[1]

The purpose of Section 1404(a) is to "prevent the waste of time, energy, and money and to protect litigants, witnesses and the public against unnecessary inconvenience and expense."[2] A motion for transfer lies within the broad discretion of the district court, and must be determined on an individualized basis.[3]

To support a motion for transfer, the moving party must establish: (1) that venue is proper in the transferor district; (2) that the transferee district is one where the action might have been brought; and (3) that the transfer will serve the convenience of the parties and witnesses, and will promote the interests of justice.[4] Once venue is determined to be proper in both districts, courts evaluate the following factors to determine which venue is more convenient to the parties and the witnesses and will promote the interests of justice: (1) plaintiff's choice of forum, (2) convenience of the parties, (3) convenience of the witnesses, (4) ease of access to the evidence, (5) familiarity of each forum with the applicable law, (6) feasibility of consolidation with other claims, (7) any local interest in the controversy, and (8) the relative court congestion and time of trial in each forum.[5]

References Edit

  1. 28 U.S.C. §1404(a).
  2. Van Dusen v. Barrack, 376 U.S. 612, 616 (1964) (full-text) (internal citations and quotation omitted).
  3. See Jones v. GNC Franchising, Inc., 211 F.3d 495, 498 (9th Cir. 2000) (full-text).
  4. See Goodyear Tire & Rubber Co. v. McDonnell Douglas Corp., 820 F.Supp. 503, 506 (C.D. Cal.1992) (full-text).
  5. See Williams v. Bowman, 157 F.Supp.2d 1103, 1106 (N.D. Cal. 2001) (full-text).

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