Venue Flashcards
what is venue
where among the courts in this judicial system is the appropriate court to hear the case (whether this district is a proper court to hear this action)
whose responsibility is it to object to improper venue
the defendant
what happens if the def fails to make a timely objection to improper venue
there is a waiver
when must a claim of improper venue be made
at the first opportunity or it is waived
what is the first opportunity
either a pre-answer motion to dismiss if the def chooses to file one, or if he does not choose to file one the defendant’s answer
Federal venue is proper in a district: (3)
1) where any defendant resides as long as all defendants reside in the same state
2) where the claim arose
3) if neither of the above (rare) any district where the defendant is subject to pj has venue
what does it mean “where the claim arose”
where a “substantial part of the events or omissions” on which the claim is based occurred or where a “substantial part of the property” that is subject to the action is located
where does fed venue generally not rest
does not rest on plaintiff’s residence
what does residence mean for individuals
domicile (residence plus an intent to reside there indefinitely)
what does residence mean for business entitites
every district in which pj exists
what is the venue for a case that is removed to federal court
venue is automatically proper in the fed district where the state court sits, even if that district would have not been proper originally
when are transfers granted to a different fed court
transfers are granted in the interest of justice and for the convenience of the parties and witnesses
what is the general rule for transfers
transfer is only to a district with proper venue ( a place where case could have been brought originally)
what is the exception to the general rule for transfers
transfer to a district without proper venue may occur when all parties agree
if a case is brought originally in a district with proper venue what happens in regards to transferring
may be transferred for convenience to another district with proper venue
if a case is brought originally in a district without proper venue what happens in regards to transferring
case will be dismissed OR transferred to a district with proper venue
if a suit is brought in a district with proper venue, whose law controls if it is transferred
the law of the transferor (first) forum controls
if suit is brought in a district without proper venue, whose law controls if transferred
the law of the transferee (second) court controls
What is forum non conveniens?
common law doctrine allows a court to dismiss an action, even if pj and venue are proper, if the court finds that the forum would be too inconvenient for parties and witnesses, and that another, more convenient venue is available
how has the CL forum non conveniens been relaxed?
allows the remedy of transfer as opposed to outright dismissal
who bears the burden of showing forum non conveniens?
the defendant bears the heavy burden of showing the plaintiff’s chosen forum should be displaced
if a forum-selection clause designates a state or foreign forum that modifies the conventional rule, then the burden is on the plaintiff to show why the court should disregard the forum-selection clause
