Change of venue Q (Fed Civ Pro)

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mohdban

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Change of venue Q (Fed Civ Pro)

Postby mohdban » Tue Jul 17, 2018 12:24 am

Hey all,

So there are two statutes that govern change of venue. 1404 and 1406.

I know 1406 only governs when initial venue is improper. But does 1404 also apply when initial venue is improper? For example, if initial venue is improper, can you apply 1404 to transfer the action to an improper venue if both P and D consent?

Thanks

Findedeux

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Re: Change of venue Q (Fed Civ Pro)

Postby Findedeux » Tue Jul 17, 2018 8:19 am

This isn't really much of an explanation but here's my little summary I glance to.

Proper-->Proper (YES) (could have been initiated in transferee ct or consent)
Proper-->Improper (YES if all parties consent)
Improper-->Proper (Yes or Dismiss)
Improper-->Improper (No)

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mohdban

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Re: Change of venue Q (Fed Civ Pro)

Postby mohdban » Tue Jul 17, 2018 8:22 pm

Cool beans. Thanks.

Omerta

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Re: Change of venue Q (Fed Civ Pro)

Postby Omerta » Wed Jul 18, 2018 6:12 pm

Either works, but you obviously want to move under 1406 if you can, because transfer is mandatory rather than discretionary. If a defendant moved to transfer under 1404 but not 1406, then the court would treat venue as proper and assess the venue transfer request under a discretionary framework.

Edit: And to answer the question, no. Part of transferring the case under both statutes is that the transfer be made to a proper venue.



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