§ 1404. — Change of venue.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1404]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 87--DISTRICT COURTS; VENUE
Sec. 1404. Change of venue
(a) For the convenience of parties and witnesses, in the interest of
justice, a district court may transfer any civil action to any other
district or division where it might have been brought.
(b) Upon motion, consent or stipulation of all parties, any action,
suit or proceeding of a civil nature or any motion or hearing thereof,
may be transferred, in the discretion of the court, from the division in
which pending to any other division in the same district. Transfer of
proceedings in rem brought by or on behalf of the United States may be
transferred under this section without the consent of the United States
where all other parties request transfer.
(c) A district court may order any civil action to be tried at any
place within the division in which it is pending.
(d) As used in this section, the term ``district court'' includes
the District Court of Guam, the District Court for the Northern Mariana
Islands, and the District Court of the Virgin Islands, and the term
``district'' includes the territorial jurisdiction of each such court.
(June 25, 1948, ch. 646, 62 Stat. 937; Pub. L. 87-845, Sec. 9, Oct. 18,
1962, 76A Stat. 699; Pub. L. 104-317, title VI, Sec. 610(a), Oct. 19,
1996, 110 Stat. 3860.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 119, 163 (Mar. 3, 1911,
ch. 231, Sec. 58, 36 Stat. 1103; Sept. 8, 1916, ch. 475, Sec. 5, 39
Stat. 851).
Section consolidates sections 119 and 163 of title 28, U.S.C., 1940
ed., with necessary changes in phraseology and substance.
Section 119 of title 28, U.S.C., 1940 ed., related only to transfer
of cases from one division to another on stipulation of the parties.
Subsection (a) was drafted in accordance with the doctrine of forum
non conveniens, permitting transfer to a more convenient forum, even
though the venue is proper. As an example of the need of such a
provision, see Baltimore & Ohio R. Co. v. Kepner, 1941, 62 S.Ct. 6, 314
U.S. 44, 86 L.Ed. 28, which was prosecuted under the Federal Employer's
Liability Act in New York, although the accident occurred and the
employee resided in Ohio. The new subsection requires the court to
determine that the transfer is necessary for convenience of the parties
and witnesses, and further, that it is in the interest of justice to do
so.
Sections 143, 172, 177, and 181 of title 28, U.S.C., 1940 ed.,
relating to the district courts of Arizona, Montana, New Mexico, and
Ohio, contained special provisions similar to subsection (b), applicable
to those States. To establish uniformity, the general language of such
subsection has been drafted and the special provisions of those sections
omitted.
Subsection (b) is based upon section 163 of title 28, U.S.C., 1940
ed., which applied only to the district of Maine. This revised
subsection extends to all judicial districts and permits transfer of
cases between divisions. Criminal cases may be transferred pursuant to
Rules 19-21 of the new Federal Rules of Criminal Procedure, and the
criminal provisions of said section 163 are therefore omitted.
Amendments
1996--Subsec. (d). Pub. L. 104-317 amended subsec. (d) generally.
Prior to amendment, subsec. (d) read as follows: ``As used in this
section, `district court' includes the United States District Court for
the District of the Canal Zone; and `district' includes the territorial
jurisdiction of that court.''
1962--Subsec. (d). Pub. L. 87-845 added subsec. (d).
Effective Date of 1996 Amendment
Section 610(c) of Pub. L. 104-317 provided that: ``The amendments
made by this section [amending this section and section 1406 of this
title] apply to cases pending on the date of the enactment of this Act
[Oct. 19, 1996] and to cases commenced on or after such date.''
Effective Date of 1962 Amendment
Amendment by Pub. L. 87-845 effective Jan. 2, 1963, see section 25
of Pub. L. 87-845, set out as a note under section 414 of this title.
Section Referred to in Other Sections
This section is referred to in section 1407 of this title; title 42
section 2000e-5; title 47 section 325.
