Venue

Question 1

if we know that we can sue this defdnatn in VA (PJ) and we know which VA court is proper (SMJ) - where in VA do we file?

Answer 1

this is a question of proper venue!

Question 2

do VA courts enforce a forum selection clause?

Answer 2

a forum selection clause is a contractual provision that says that a case must be filed in a particular place

VA does uphold this if it is
(1) fair; and
(2) reasonable

Question 3

there are two different categories as to venue - what are they?

Answer 3

Category A venue; and
Category B venue

Question 4

what cases fall within Category A venue?

Answer 4

1) certain land actions
2) wills
3) writs
4) injunctions

Question 5

what cases fall within Category B venue?

Answer 5

• anything not falling within category A
• where D resides/princpal place of employment
• where cause of act arose
• where D has registered office or appointed agent

Question 6

4) injunctions

Answer 6

Where the subject proceeding or judgment is pending or was rendered, or where the subject act is to be done, is being done, or is apprehended to be done.

Question 7

1) certain land actions - “local action”

Answer 7

land actions are cases for:
- the recovery, partition, or judicial sale of LAND;
- to establish boundaries; for unlawful entry or detainer of land;
- to subject land to a debt;
- to quiet title to land or remove an encumbrance on land

Question 8

where is venue ok in land actions?

Answer 8

venue is ok where land or any part thereof lies

Question 9

2) wills

Answer 9

cases to establish or impeach a will SHOULD be brought where the will was probated; OR
- if not yet probated - where it could have been offered for probate

Question 10

3) writs

Answer 10

For mandamus, prohibition, or certiorari –> lay venue at the place where the proceeding to which the writ relates is located.

• mandamus –> for example, forcing an officer to perform a ministerial act
• prohibition –> for example, stopping lower court from exercising jurisdiction
• certiorari –> for example, basically for review of zoning decisions

Question 11

what cases fall within Category B venue?

Answer 11

1) anything not falling within category A

2) where D resides/principal place of employment
3) where cause of action arose (or any part therof)
—– includes where the contract was (a) made and (b) to be performed

4) where D has registered office or appointed agent

5) where D regularly conducts substantial business activity (case itself must have practical nexus with the place)

6) in case to recover personal property - where the property is located

7) in case against fiduciary appointed under court order - where fiduciary qualified

Question 12

when must objection to venue be filed?

Answer 12

CIRCUIT COURT - 21 days after service (unless court extends time for which to file a responsive pleading)

GDC - no limit (on or before the date of trial)

Question 13

where is venue ok if you have multiple defendants?

Answer 13

if venue is ok for one defendant –> it is ok for all (I.e. if one D resides in NJ - then NJ is a proper venue for all the other D’s - even if they don’t reside there or have any contacts with it)

**EXCEPTIONS – if one D is entitled to Category A venue - then they can object and venue can be TRANSFERRED HERE

Question 14

what if a defendant (whose facts we used for the current selected venue) is dismissed from the case (claim is dismissed against them ) - what happens?

Answer 14

If venue is not otherwise proper in the state (i.e. it was only proper based on D1) the other defendant (D2) can object to menu BUT must do so within 10 days of dismissal of the party

Question 15

what must D2 do when objecting to venue after dismissal of D1 (controlling venue)?

Answer 15

D2 must show that D1 was joined improperly OR simply to create venue

Question 16

if all defendants are non-residents of VA - where may plaintiff lay venue?

Answer 16

where the Plaintiff resides - if there is a VA co-defendant - then you must be proper as to her

Question 17

what happens when case is filed in an improper venue?

Answer 17

even if the D did object to venue in a timely manner and was right - the court would nOT dismiss the case - ut would instead TRANSFER to a proper venue in VA - UNLESS it fins good cause to keep the case

Question 18

when can a case that is filed in proper venue be transferred?

Answer 18

if a case was originally placed in a proper venue - it can be transferred on motion of ANY party to another venue in VA

Question 19

what must the court find when transferring case from a proper venue?

Answer 19

the court must find GOOD CAUSE FOR TRANSFER

Question 20

what are the factors that are relevant when determine “good cause” for transfer from a proper venue?

Answer 20

Factors relevant to good cause that the court weighs are:
(1) the plaintiff’s choice of forum (i.e. party had right to sue here)
(2) agreement of the parties (i.e. forum selection clause);
(3) the avoidance of substantial inconvenience to parties or witnesses,
(4) any delay in party’s seeking transfer, etc.

***The decision about transfer is vested in the court’s discretion

Question 21

transfer is DIFFERENT from FORUM NON CONVENIENS

Answer 21

if the 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 - -a court might dismiss WITHOUT PREJUDICE

Question 22

what must a court find in order to dismiss without prejudice on grounds of forum non convenient?

Answer 22

the court must find:
(1) good cause; and
(2) that the other court has jurisdiction

In granting the motion, the court may condition the dismissal on stated conditions (for example, that the defendant not raise certain defenses).