Venue

Question 1

General Venue Rule

Answer 1

venue is wherever any D resides when case is filed

Question 2

What are the exceptions to the general venue rule?

Answer 2

MASTER!

Motorists: where any GA d lives; if all D nonres, then where P lives
Alimony/divorce cases: if D nonres, where P lives
Specific jx under long arm statute: where any D lives/where claim arose if all D nonres
Tortfeasor: where any D lives or where substantial part of injury happened if D is GA corp; BUT if claim under Tort Claims Act, only venue where loss occurred; BUT wrongful death actions can be brought where died + if st employee = co-D in their individual paucity, where they live
Entities/estates: business: where registered office + where claims arose
Estate: where executor lives if D dead
Real property: where land is

Question 3

What do you need to transfer venue?

Answer 3

New venue must be proper
Court has discretion to transfer for convenience of parties/witnesses

Question 4

What is the Vanishing Venue Problem?

Answer 4

If a defendant on whom venue is based is dismissed from the case, venue vanishes. The case must be transferred to a jurisdiction in which venue is proper as to the remaining defendants.