Also known as: interest of justice
Written by attorneys · grounded in primary & secondary sources — see below
A discretionary standard that authorizes a court to take a specified procedural action when fairness and reliability of the proceeding so require. The standard focuses on whether the requested relief prevents injustice without regard to whether every formal element of a stricter test has been met.
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Naomi Norton was convicted after a jury trial on fraud charges. Weeks later several surgeons produced internal hospital emails showing she had tried to cancel the questioned procedures. The district court vacated the judgment and ordered a new trial.
Northstar Logistics sued Nordic Ventures in federal court in Maine over a contract performed entirely in Nevada. Nordic moved to dismiss for lack of personal jurisdiction. The Maine court transferred the action to Nevada rather than dismissing it.
Noreen Nguyen filed a contract suit against Navarro Industries in a district where the defendant had no contacts. The court lacked personal jurisdiction over Navarro. It transferred the case to a proper district instead of dismissing the action.
Nalini Narula moved to depose a key witness who planned to leave the country before trial. The government opposed the request. The court ordered the deposition because exceptional circumstances made it necessary in the interest of justice.
Neville Norton was indicted in one district for offenses committed elsewhere. All witnesses and victims resided in a neighboring district. The court transferred the proceeding to the neighboring district on Norton's motion.
No. The standard permits relief whenever the new material might reasonably affect the factfinder's assessment of guilt or casts substantial doubt on the reliability of the original judgment.
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Yes. The absence of personal jurisdiction in the transferor court does not defeat its power to order a transfer rather than dismiss the action when the transferee district is one in which the case could have been brought.
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The motion must be filed within three years after the verdict. If an appeal is pending the district court may not grant the motion until the appellate court remands the case.
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No. The standard authorizes transfer even when venue is improper or personal jurisdiction is lacking in the original court, provided the transferee district is one in which the action could have been brought.
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Yes. The court may grant a party's motion to depose a prospective witness when exceptional circumstances exist and the deposition is necessary in the interest of justice to preserve testimony for trial.
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