
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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 14 of Title 18, 
Crimes and Criminal Procedure.

                  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.
