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Transfer
Practical Law Glossary Item 7-501-5205 (Approx. 2 pages)
Glossary
Transfer
In the US legal system, transfer generally refers to the act of changing a lawsuit's venue from one US federal district court to another US federal district court. Transfers in federal civil litigation generally fall into one of two categories:
- Transfer when the case is commenced in an otherwise proper forum. In this situation, the court may transfer a civil action to any other federal district or division where it might have been brought or to any district or division to which all parties have consented (other than the Districts of Guam, the Northern Mariana Islands, or the Virgin Islands) for the convenience of the parties and witnesses and in the interest of justice (28 U.S.C. § 1404(a), as amended by, P.L. 112-63, 125 Stat. 758 (Dec. 7, 2011)).
- Transfer when the case is commenced in the wrong forum. In this situation, the district court must dismiss, or if it is in the interest of justice, transfer the case to any federal district or division in which it could have been brought (28 U.S.C. § 1406(a)).
Transfer should be distinguished from removal, which is the procedure by which the defendant in a state court action moves the lawsuit from state court to federal court. In addition, each US state may have its own rules allowing for the transfer of cases among its trial courts.