Crucial Exams

Multistate Bar Examination Practice Question

Under 28 U.S.C. § 1406(a), how may a federal district court dispose of a civil action that has been filed in a district where venue is improper?

  • The court must transfer the action to a proper district.

  • The court may either dismiss or transfer the action only if the defendant moves for such relief; otherwise it must proceed in the improper venue.

  • The court may, in its discretion and in the interest of justice, either dismiss the action or transfer it to a district where it could have been brought.

  • The court must dismiss the action.

Multistate Bar Examination
Civil Procedure
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