Venue Flashcards
Venue is…
the place where a case is appropriately brought to a trial.
Virginia Category A venue (“preferred venue”) includes:
- “Local Actions” (land disputes);
- Wills;
- Writs; and
- Injunctions.
Category A Local Actions are appropriate where…
the action or any part thereof lies.
Category A Local Actions include:
- Land actions that are cases for the recovery, partition, or judicial sale of land;
- To establish boundaries to land;
- For unlawful entry or detainer of land (including trespass);
- To subject land to a debt;
- To quiet title to land or remove and encumbrance on land.
Category A Wills cases are appropriate where…
the will was probated, or, if not yet probated, where it could have been offered for probate (where the decedent resided at the time of death).
Category A “Writs” actions include:
- Writs of mandamus;
- Writs of prohibition;
- Writs of certiorari.
An example of a writ of mandamus would be…
forcing an officer to perform a ministerial act.
An example of a writ of prohibition would be…
stopping a lower court from exercising jurisdiction.
An example of a writ of certiorari would be…
A review of a zoning decision.
Category A writ actions are appropriate where…
the place where the proceeding to which the writ relates is located.
Category A injunction actions are appropriate 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.
Category B venue includes…
all other actions.
A case seeking damages for personal injuries would be heard in?
(category A or category B venue)
Category B
Category B venue is proper where:
- The D resides;
- The D works;
- The cause of action (or any part thereof) arose.
In a contract case, would the location where the contract was entered be proper venue?
Yes
In a contract case, would the location where the contract was to be performed a proper venue?
Yes
Defendant resides in Lynchburg and is employed in Bedford County, Virginia. He is injured while surfing at Virginia Beach, and goes to the hospital there. He then skips town without paying his hospital bill. Hospital sues Defendant in circuit court to recover the bill. Proper venues?
Lynchburg, Bedford County, Virginia Beach
Plaintiff sues D-1, who resides in County A, and D-2 who resides in County B, Among others, what would be proper venue(s)?
County A or B.
(Rule: If venue is ok for one D, it is okay for all Ds (unless there is a preferred venue)).
Plaintiff sues Defendant, who is a nonresident. If all Defendants are nonresidents of Virginia, where may Plaintiff lay venue?
Where the plaintiff resides.
[Otherwise – venue is always about where D lives].
If a case were originally placed in a proper venue, it can be transferred on motion of any party to another venue in Virginia after a showing of…
Good cause for transfer.
The factors relevant to “good cause” for transfer (which the court will weigh) include:
The plaintiff’s choice of forum against:
Agreement of the parties;
The avoidance of substantial inconvenience to parties or witnesses; Any delay in the party’s seeking transfer.
For a dismissal due to forum non conveniens, the court must find:
(1) Good cause; and
(2) that the other court has jurisdiction.
A defendant must object to improper venue within…
21 days.
When objecting to improper venue, a defendant must also set forth:
Where he believes venue to be proper.