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US Civil Procedure for International Students: 2020 - 2021 Edition

How to Transfer Venue

     Within a system, cases can be transferred from one venue to another. Thus, within the federal system, a case can be transferred from one venue (say, the Northern District of Illinois) to another federal court venue (say, the Southern District of New York). This can happen when the original venue is proper or when the original venue was improper. In a given state - say, Virginia - similar transfers can be made from one venue in that state court system to another venue in that state court system.

     Transfers cannot be made from one system to another, however. A Virginia court cannot transfer a case to a North Carolina court, even if it finds North Carolina to be the proper venue. And, there are no venue transfers between state systems and the federal system.

     The statutes, case, and discussion below should make all this clear.