Motion to Transfer Venue

When the motion to transfer venue is used

Timing: usually early in the case. These motions usually come early, often before or with the answer. As a result, they can end or narrow a case before discovery starts.

What the rule requires

• For the convenience of parties and witnesses, in the interest of justice, a district court may transfer a 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 (§ 1404(a)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of 28 U.S.C. § 1404(a) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion to transfer venue in state court

This page covers the federal version. In state court, the motion to transfer venue may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Venue: the particular court location — district or division — where a case is heard.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion to Dismiss for Improper Venue: a motion arguing the case was filed in the wrong district or division.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.