MBE Rules · Civil Procedure
Transfer of venue
28 U.S.C. §§1404, 1406
The rule
§1404(a) — proper venue, transfer for convenience to any district where action could have been brought; transferee applies transferor's law in diversity. §1406 — improper venue, court must dismiss or transfer in the interest of justice; transferee applies its own law.
In plain English
If a case is filed in the wrong place, the court can move it to the right one or dismiss it. If it's filed in a proper place but inconvenient, it can be moved to a more convenient court.
Worked example
A lawsuit is filed in State A, but all witnesses are in State B. The court in State A transfers the case to State B for convenience. The court in State B applies the laws of State A.
Memory hook
Transfer Tango: 1404 dances for convenience; 1406 fixes wrong floor. Proper venue under 1404 moves for ease, improper under 1406 for justice.
The trap
Students think: 1404 and 1406 apply the same law. Wrong, because 1404 uses transferor's law, 1406 uses transferee's law. The actual test is venue propriety.
How examiners test it
The MBE loves: case filed in wrong district, student must decide between dismissal or transfer under 1406. Trap: assuming same law applies after transfer.
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