Venue

Question 1

Will VA enforce a forum selection clause?

Answer 1

Yes, if fair and reasonable

Question 2

What are the “Category A” types of venue (i.e., preferred venue)

Answer 2

(1) Certain Land Actions (“Local Actions”)
* Cases for recovery, partition, or judicial sale of land, establishing boundaries for land, unlawful entry or detainer, etc.
* Venue OK where the land or any part thereof lies

(2) Wills–brought where will was probated or, if not yet probated, where it could have been offered for probate

(3) Writs–venue at the place where the proceeding to which the writ relates is located

(4) Injunctions–when subject proceeding or judgment is pending or was to be rendered, or where the subject act is to be done, is being done, or is apprehended to be done

Question 3

If venue is not “Category A,” where is venue proper?

Answer 3

• (1) Where D resides or has her principal place of employment
• (2) Where the cause of action (or any part thereof) arose
• (3) Where D has registered office or appointed agent
• (4) Where D regularly conducts substantial business activity (case itself must have some practical nexus with this place)
• (5) In case to recover personal property, where property is located
• (6) In case against fiduciary appointed under court order, where fiduciary qualified

Question 4

What happens if D objects to venue in a timely manner (and is correct)?

Answer 4

Court does NOT dismiss, but will transfer to proper venue in VA unless it finds good cause to keep the case
* Example–D files timely motion objecting to venue but does not bring it to the court’s attention for several months (court kept because D’s failure to press issue was “good cause” to refuse)

Question 5

May a transfer be ordered where venue was proper?

Answer 5

Yes, on motion of any party to another venue in VA, but court must find good cause

Question 6

What are the factors relevant to good cause?

Answer 6

(1) P’s choice of forum
(2) Agreement of parties
(3) Avoidance of substantial inconvenience to parties/witnesses
(4) Any delay in party’s seeking transfer

• Decision vested in the court’s discretion and subject to review for abuse of discretion
• Where court fails to weigh appropriate factors, may be abuse of discretion

Question 7

When is forum non conveniens dismissal (without prejudice) proper?

Answer 7

If cause of action accrued out of state and is brought by a nonresident of VA, and there is a more convenient venue outside of VA
* Need (1) good cause and (2) to find that the other court has jurisdiction