A direct filing order allows plaintiffs to file in the transferee district regardless of where they reside or where the injury occurred, eliminating the transfer process. Orders typically preserve the parties' positions on applicable law and eventual venue.
Directly filed cases have no originating district for remand.
Alternative Names:
Direct File, Direct Filing Procedure
Why it Matters?
Direct filing eliminates transfer delay and administrative burden, which is why courts adopt it in large proceedings. The consequence is that directly filed cases have no transferor court to return to, which complicates remand and effectively requires the order to specify where such cases go if not resolved. Choice of law is the other issue the order must address, since a directly filed case has no natural forum state law to apply.
Frequently Confused with
Related terms
Frequently asked questions
What does direct filing eliminate?
What must the order address?
