How to Transfer Court Cases From One State to Another

A transfer of venue must be ordered by a judge.

Court cases may only be transferred to another state if the matter pends in federal district court. Such is because transfer of venue is restricted within a single jurisdiction; you cannot transfer a state court case to another state court because each state judiciary has sovereignty over itself. District court, on the other hand, has venues in each of the 50 states, allowing for parties to transfer venue from one state to another, if transfer will serve parties as well as the interests of justice.

Instructions

1. File a Motion to Transfer Venue to another district. In this motion, you must establish that venue is proper in the district of another state and that the suit could have been filed in the other district in the first place. For instance, if a litigious matter occurred in State A, but the plaintiff filed suit in State B, either party may move to transfer the matter to district court in State A for the sake of convenience and judicial economy. Venue is most appropriate in the federal district where the tortious harm or injury occurred, or where the defendant resides. The transferee court must have subject matter jurisdiction over the case and personal jurisdiction over the parties. The Supreme Court has stated that personal jurisdiction requires that the parties have such minimal contacts with the forum state that traditional notions of fair play and substantial justice are not offended.

2. Alert the opposing party or his counsel of the filed motion by providing a true and accurate copy of the motion filed with the court. The opposing side is entitled to file a responsive pleading to object the transfer of venue.

3. File a brief or memorandum in support of the motion to transfer venue, if the opposing party contests the transfer of venue. In this pleading, you must respond to the objections raised by the opposing party's responsive motion. In the brief or memorandum, explicate more fully the grounds for the motion to transfer venue, citing how the law favors a transfer and how the interests of justice will be served if the matter is transferred. Specifically, you might cite that the majority of witnesses or a party resides in the other state or that significant evidence is located in the other state. The judge will consider these factors when ruling on the motion.

4. File a Notice of Transfer with the court in the state to which venue is transferred. The court will transfer all of the pleadings filed for a particular case, once the judge orders the transfer of venue. However, by filing a Notice of Transfer, you formally alert the court to anticipate the transfer.

References

• Cornell University Law School: Transfer of Venue
• Smart Rules: Motion to TransferVenue
• Cornell University Law School: Rule 12. Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
• International Shoe v. Washington, 326 U.S.310 (1945)