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How-To: Write a Motion to Transfer Venue

Background: You have a lawsuit in a federal court
Problem: You are in the wrong district/division
Solution: You ask the Court to transfer your case to the proper venue

I. Legal Citations

28 USC §1404 | Change of Venue
"(a) For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil 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." 42 USC §2000e-5(f)(3) | Civil Action by... Aggrieved...
"Each United States district court and each United States court of a place subject to the jurisdiction of the United States shall have jurisdiction of actions brought under this subchapter. Such an action may be brought in any judicial district in the State in which the unlawful employment practice is alleged to have been committed, in the judicial district in which the employment records relevant to such practice are maintained and administered, or in the judicial district in which the aggrieved person would have worked but for the alleged unlawful employment practice, but if the respondent is not found within any such district, such an action may be brought within the judicial district in which the respondent has his principal office. For purposes of sections 1404 and 1406 of title 28, the judicial district in which the respondent has his principal office shall in all cases be considered a district in which the action might have been brought." Rule 1 Fed. R. Civ. P. | Scope and Purpose
"[These rules] should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding." Local Rule 1.07(a)(1) USFLMD | Successive Action
"If an action is docketed, assigned, and terminated; later re-filed without a material change in the issues or the parties; and assigned to a judge other than the judge originally assigned, the originally assigned judge should accept the transfer." Local Rule 3.1(c) USFLND | Transfer; Place of Keeping File
"A case will remain pending in the division where it was filed unless the Court enters an order transferring it." Local Rule 3.8 USFLSD | Notice of Transfer of Refiled and Similar Actions and Procedures
"It shall be the continuing duty of the attorneys of record in every action or proceeding to bring promptly to the attention of the Court and opposing counsel the existence of other actions or proceedings as described in Section 2.15.00 of the Court’s Internal Operating Procedures, as well as the existence of any similar actions or proceedings then pending before another court or administrative agency."

II. Samples

# PDF Comments
101± Pending Decision | TBD case. Pro Se Filing. USFLND. Transferor court is a defendant
102USNYWD | Attorney Filing. Transfer to USMIED.

III. Templates

# Word Comments
1USFLND | Replace all placeholder tags with real information (eg "[plfName]" becomes "John Doe").

IV. Quick Commentary

V. Bibliography

VI. Conclusion

A Motion to Transfer Venue will help you get your case in the proper court.

With the use of the templates (as well as the samples above), you can more easily ask your court to Transfer your Case to the Proper Court.

Congratulations! You're now booked up on how to write a Motion to Transfer Venue!

Please get the justice you deserve.


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