Written by attorneys · grounded in primary & secondary sources — see below
A standard guiding judicial or fiduciary decisions that requires actions to promote the welfare or benefit of specified parties or the fair administration of justice.
Sources & Authorities
How it applies
Common Examples
6
Civil Case Transfer Motion
Iain Irons sued Integrity Partners in federal court in Florida over a contract dispute arising entirely in California. Integrity Partners moved to transfer the case to California under 28 U.S.C. § 1404(a). The Florida court granted the motion because the convenience of witnesses and parties favored California and transfer served the interest of justice by avoiding dismissal.
Trustee Loyalty Breach
Ivan Ivanov as trustee directed trust funds to his spouse's firm for renovations without competitive bids. The beneficiaries discovered the inflated price and lack of disclosure. The court held that Ivanov violated the duty to administer the trust solely in the interests of the beneficiaries and voided the contract.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Casebooks
Igor Ito filed suit against Ironclad Industries in a district lacking personal jurisdiction over the defendant. Ironclad moved to dismiss. The court transferred the action to a proper district under the interest of justice rather than dismissing the case outright.
Criminal Deposition Order
Israel Irving moved to depose a key witness who could not attend trial due to serious illness. The court found exceptional circumstances and granted the motion in the interest of justice. The order also required production of designated documents at the deposition.
Putative Spouse Rights
Isabelle Inman cohabited with Ingrid Innes in the good-faith belief they were married. After learning the marriage was invalid, Isabelle sought maintenance. The court recognized her as a putative spouse and apportioned rights in the interest of justice among all claimants.
Criminal Proceeding Transfer
Icarus Aviation faced criminal charges in a district where most witnesses resided elsewhere. The defendant moved to transfer counts to another district. The court granted the motion for the convenience of parties and witnesses and in the interest of justice.
Common questions
Frequently Asked
3
Does a court need personal jurisdiction to transfer a case in the interest of justice?+
No. A federal district court lacking personal jurisdiction over the defendant may still transfer the action to a district where the case could have been brought when transfer serves the interest of justice rather than dismissing the case.
Supporting sources
How does the interest of justice factor affect trustee self-dealing transactions?+
A trustee must administer the trust solely in the interests of the beneficiaries. Transactions involving conflicts of interest are voidable by affected beneficiaries unless an exception such as fair dealing and full disclosure applies.
Supporting sources
When may a court transfer a criminal case for convenience and in the interest of justice?+
Upon the defendant's motion the court may transfer the proceeding to another district for the convenience of the parties, victims, and witnesses when doing so serves the interest of justice.
Supporting sources
370 U.S. 660, 82 S.Ct. 1417, 8 L.Ed.2d 758Criminal Law
…for example, against the unauthorized manufacture, prescription, sale, purchase, or possession of narcotics within its borders. In the interest of discouraging the violation of such laws, or in the interest of the general health or welfare of its inhabitants, a State might establish a program of compulsory treatment for those addicted…
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