The Federal Rules of a Civil Procedure Transfer
- Transfer in legal terms refers to moving a case to another court.columns image by paulo cruz from Fotolia.com
The Federal Rules of Civil Procedure (FRCP) dictate court procedure and proceedings in U.S. federal courts. Most states have also largely adopted the FRCP practices for their proceedings and procedures in state court. There are three rules within the Federal Rules of Civil Procedure that deal with transfers, Rule F, Rule 25 and Rule 81. - 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.
- 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.
- 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.
Venue Transfer
Transfer of Interest
Automatic Transfers
Source...