Q: Transfer/consolidation pursuant 28 U.S.C. 1404
Tansfer and consolidation pursuant 28 U.S.C. 1404 requires only plaintiff's noticed motion with points and authorities, declaration, filed with federal court? Motion with CA superior court is not required?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under 28 U.S.C. § 1404, which addresses the transfer and consolidation of cases within the federal court system, the process typically involves filing a motion in the federal court where the case is currently pending. This motion should include a noticed motion with points and authorities, along with a supporting declaration.
The requirement to file a motion with a California Superior Court does not apply in this context, as 28 U.S.C. § 1404 is specific to federal courts. The process is contained within the federal court system, and the decision to transfer and consolidate cases under this statute is made by the federal court.
However, it's important to ensure that all procedural requirements of the specific federal court are met when filing the motion. Each district court may have its own local rules and procedures that must be followed in addition to the federal statutes. For accurate and detailed guidance, consulting with a legal professional experienced in federal court procedures is recommended. This will help ensure that the motion for transfer and consolidation complies with all relevant rules and requirements.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
