Bar Exam — MBE (Multistate Bar Exam)Civil ProcedureEasy
A plaintiff filed a lawsuit in federal court in District A. The defendant believes that District A is an inconvenient forum, despite being a technically proper venue. The defendant wishes to move the case to District B, where many key witnesses reside and where the events giving rise to the claim occurred. Which of the following motions should the defendant file?
- AMotion to transfer venue under 28 U.S.C. § 1404(a).
- BMotion for a change of venue under 28 U.S.C. § 1406(a).
- CMotion for forum non conveniens, requesting the court to dismiss the case.
- DMotion to dismiss for improper venue under Rule 12(b)(3).
Show answer & explanationAnswer & explanation
Correct answer: A. Motion to transfer venue under 28 U.S.C. § 1404(a).
A motion to transfer venue under 28 U.S.C. § 1404(a) is appropriate when the initial venue is proper but another federal district would be a more convenient forum for the parties and witnesses and in the interest of justice.
Why the other options are wrong
- B. This motion is used when the original venue is *improper*, allowing transfer to a proper venue or dismissal. It is not for proper but inconvenient venues.
- C. Forum non conveniens is typically used to dismiss a case when the more convenient forum is in a *foreign country* or *state court*, not another federal district court.
- D. This motion is for when venue is *improper*, which is not the case here. The scenario states District A is 'technically proper venue'.
Transfer of Venue (Proper Venue)
Under 28 U.S.C. § 1404(a), a federal 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, for the convenience of parties and witnesses, and in the interest of justice.
- Original venue must be proper.
- Transfer is to another federal district court.
- Factors considered include convenience of parties/witnesses and interests of justice.
Memory trick: Venue moving: If it's RIGHT but ROUGH, use 1404. If it's WRONG, use 1406.