buckiguy_sucks wrote:can someone explain consent and 1404?
is consent only required when the receiving court didn't have original jurisdiction? or can transfers never be made to courts that wouldn't have had original jurisdiction?
Might be wrong here, so someone should chime in.
Consent is a way of getting jurisdiction over someone (e.g., a general appearance). So I think the answer to your question is yes.
For transfers, I believe you can only transfer to somewhere that the claims could have been litigated in as well. You can't just transfer somewhere that wouldn't have been a reasonable alternative.
Ex.
You get sued in Michigan cause you have contacts there, but you're from Ohio. You move to transfer cause your parents are old and sick and you need to be close to them to take care of them. Transfer is granted in that instance, I believe (barring things like Choice of Law Provisions or Forum Selection Clauses).