If a case is filed in a proper venue and a later transfer to another proper venue is sought, under what conditions is transfer appropriate?

If a case is filed in a proper venue and a later transfer to another proper venue is sought, under what conditions is transfer appropriate?

• A. Only if the parties consent to transfer.
• B. Only if the original court's docket is too busy.
• C. If allowed under the rules governing jurisdiction and venue.
• D. Transfer is not permitted once venue is proper.

Answer: (C)

Transfer is appropriate when the move complies with the rules that govern where a case may be filed and heard. In other words, you can shift to another venue only if the destination is a proper venue under the governing jurisdiction-and-venue rules. Consent by the parties isn’t required, and docket congestion isn’t the controlling basis. The transfer authority comes from the procedural rules themselves, so a move to another proper venue is permitted only when those rules allow it. If the new venue isn’t proper, transfer isn’t allowed.

Transfer is appropriate when the move complies with the rules that govern where a case may be filed and heard. In other words, you can shift to another venue only if the destination is a proper venue under the governing jurisdiction-and-venue rules. Consent by the parties isn’t required, and docket congestion isn’t the controlling basis. The transfer authority comes from the procedural rules themselves, so a move to another proper venue is permitted only when those rules allow it. If the new venue isn’t proper, transfer isn’t allowed.