Civil Procedure
Venue Transfer of venue in federal court: - Federal courts can only transfer to another federal court. - If the original court had proper venue and jurisdiction they could transfer for convenience o The transfer court must have PJ and venue. o Either party may seek to move. o What re the factors involved in consideration: Conviennce of the witnesses Con. of the parties Where the claim arose Evidence Is there a forum selection clause? What public factors Ease in enforcing the judgment Are the judges familiar with the law What is the judicial economy; is there a burden of cases Is there any local interests? {also note that in diversity cases, the transfer of venue does not change the rule of law. - What if the original court was improper o Does the court to are trying to transfer to have PJ and venue? o Either party may transfer. In this case the transferee court would apply the governing law instead of using the original courts law. In other words once you transfer to the right court you would use there law. [Make sure to remember that if the parties argue something like they need another party, then they have assented to the jurisdiction and they cannot assert a lack of venue claim] Do not for get to look at state court. A 1404 transfer would not work if it was in a state court. IF it is damage to land it is a local action and can only be heard in that district. [a venue in federal court will only be proper if the state court in which they sit has PJ. So they would have to have sufficient contacts or reside in a state district to be able to have proper venue in that federal district. What if a D is in a federal district court and wants to go to another court for a change of law and the original court is proper venue? It does not matter because the new court would have to use the original law.