Change of Venue

Question 1

Can Venue be changed even if it is technically proper?

Answer 1

Yes;

If venue is proper, the court may nonetheless transfer the case for the convenience of the parties or witnesses to any court where the case could have been originally filed.

Question 2

What must a court do if Venue is improper?

Answer 2

If venue is improper, the court MUST:
1) Dismiss the case; OR
2) Transfer the case to a venue in which the case could have originally been filed.

Question 3

If a court transfers a case to another venue, what substantive law is used?

Answer 3

If a court transfers a case to another venue, the law that the transferee court must apply depends on whether the original venue was proper and the type of case involved.

Diversity: in a diversity case, the transferee court must apply the law that would have been applied in the district court that transferred the case.

Federal Question Case: In a federal question case, the transferee court must apply the federal law as interpreted by its own federal court of appeals.

Question 4

If a court with improper original venue transfers a case, what substantive law is used?

Answer 4

If the the transferor court had improper venue:

Diversity Cases: In a diversity case, the transferee court must apply the coice of law rules of the state in which it is located as opposed to the state law of the district court that transferred the case.

Federal Question: The transferee court must apply the federal law as interpreted by its own federal court of appeals.