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The Federal Rules of a Civil Procedure Transfer

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    Venue Transfer

    • FRCP Rule F(9) Venue, Transfer allows the courts to transfer a case to another courthouse for the convenience of the parties to the case and witnesses or if the transfer is made in the interest of justice. Cases may also be transferred to any court where the case could have been originally brought. The new court must also have jurisdiction of the pending matter.

    Transfer of Interest

    • FRCP Rule 25(a)(c) Transfer of Interest states that if a plaintiff dies, as long as his legal interest is transferred to a survivor, the action may be continued against the original defendant unless the court orders the transferee to be substituted.

    Automatic Transfers

    • Additionally, under the Federal Rules of Civil Procedure, a case must be transferred to a proper court if it is brought to the wrong court. For example, if a case is brought into state court, but it is a federal issue, it will be transferred to federal court. This is codified in FRCP Rule 81(c), which discusses removal.

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