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Transferring a case in United States District Court

by Stan Burman

Transferring a case in United States District Court is the topic of this blog post.

This post discusses requesting an order transferring a case in United States District Court for the convenience of parties and witnesses. This request is authorized by the provisions of Title 28 United States Code section 1404(a).

28 USC § 1404(a) states that, “For the convenience of parties and witnesses, in the interest of justice,” the court may transfer an 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.”

A common reason for requesting an order transferring a case for the convenience of parties and witnesses would be a situation where one or more defendants reside in and/or do business in another State and all of their business records and sources of proof for their defense are located in another State.  Thus the interest of justice would be served in that the transfer would allow the moving defendants to more adequately defend the action.

In fact the convenience of witnesses is the most important factor to be considered according to several published cases.

And the distance between the existing venue and a proposed venue can be a factor as some published cases have stated that if the distance is more than 100 miles, the factor of inconvenience to the witnesses increases in direct relationship to the additional distance to be traveled.

The issue of ease of access to proof is another important issue as several published cases have stated that the location of books and records can weigh in favor of a transfer.

If the complaint requests injunctive relief that can be another factor if the existing venue is located far away from the proposed venue on the theory that the court in the proposed venue would be closer and better able to monitor compliance with any injunction that might be issued.

The location of witnesses and sources of proof are considered private interest factors while public interest factors are considered to be the interests of justice. If the moving party can show that there are no public or private interest factors with the existing venue that increases the chances that the motion for transfer will be granted. One published case stated that if there are few if any public or private interest factors favoring the existing venue it may be an abuse of discretion to deny a motion for transfer.

Attorneys or parties that would like to view a portion of an 11 page sample motion for transfer of case in United States District Court containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail sold by the author can use the link shown below.

Sample Motion for Transfer of Case in United States District Court by Stan Burman on Scribd


The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995.  For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr.  Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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