Civil Procedure 19- 23 Flashcards
Venue in Federal Court
If venue was proper when the case was filed, then when MAY the court transfer the case?
If:
Needed for the convenience of the parties and witnesses orinterests of justice; AND
The action could have initially been brought in the receiving court.
*Following a transfer, the new court MUST apply the same substantive law as the original transferor court.
Priority: Medium
Venue in Federal Court
What MUST the court do if venue was improper when the case was filed?
The court MUST either:
Dismiss the case; OR
Transfer the case to a proper court if the interests of justice require it.
*Following a transfer, the law applied is that of the new transferee court.
Priority: Medium
California State Courts – Proper Venue
Local Action
vs.
Transitory Action
Local: An action involving real property. Venue is proper in the county where the real property is located.
Transitory: Venue is proper in any county where any defendant resides.
*If no defendant resides in CA, then venue is proper in any county where the court has jurisdiction.
Contracts: Proper in county that contract was executed or performed.
Torts: Proper where act or omission giving rise to tort occurred.
Priority: Low
California State Courts – Proper Venue
When may venue be changed to another forum?
If:
Venue was improper;
There is reason to believe there will not be an impartial trial;
For the convenience of witnesses and in the interests of justice; OR
No judge is qualified to act.
Priority: Low
Residence of a Party for Venue Purposes
Corporation
vs.
Individual
vs.
Non-Resident
Corporation: Residence includes ALL districts where it is subject to personal jurisdiction.
Individual: Determined by their domicile (residence andintent to make the place their permanent home).
Non-resident: May be sued in ANY judicial district.
Priority: Medium
