Venue

Question 1

Venue is…

Answer 1

the place where a case is appropriately brought to a trial.

Question 2

Virginia Category A venue (“preferred venue”) includes:

Answer 2

1. “Local Actions” (land disputes);
2. Wills;
3. Writs; and
4. Injunctions.

Question 3

Category A Local Actions are appropriate where…

Answer 3

the action or any part thereof lies.

Question 4

Category A Local Actions include:

Answer 4

1. Land actions that are cases for the recovery, partition, or judicial sale of land;
2. To establish boundaries to land;
3. For unlawful entry or detainer of land (including trespass);
4. To subject land to a debt;
5. To quiet title to land or remove and encumbrance on land.

Question 5

Category A Wills cases are appropriate where…

Answer 5

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).

Question 6

Category A “Writs” actions include:

Answer 6

1. Writs of mandamus;
2. Writs of prohibition;
3. Writs of certiorari.

Question 7

An example of a writ of mandamus would be…

Answer 7

forcing an officer to perform a ministerial act.

Question 8

An example of a writ of prohibition would be…

Answer 8

stopping a lower court from exercising jurisdiction.

Question 9

An example of a writ of certiorari would be…

Answer 9

A review of a zoning decision.

Question 10

Category A writ actions are appropriate where…

Answer 10

the place where the proceeding to which the writ relates is located.

Question 11

Category A injunction actions are appropriate where…

Answer 11

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 12

Category B venue includes…

Answer 12

all other actions.

Question 13

A case seeking damages for personal injuries would be heard in?
(category A or category B venue)

Answer 13

Category B

Question 14

Category B venue is proper where:

Answer 14

1. The D resides;
2. The D works;
3. The cause of action (or any part thereof) arose.

Question 15

In a contract case, would the location where the contract was entered be proper venue?

Answer 15

Yes

Question 16

In a contract case, would the location where the contract was to be performed a proper venue?

Answer 16

Yes

Question 17

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?

Answer 17

Lynchburg, Bedford County, Virginia Beach

Question 18

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)?

Answer 18

County A or B.

(Rule: If venue is ok for one D, it is okay for all Ds (unless there is a preferred venue)).

Question 19

Plaintiff sues Defendant, who is a nonresident. If all Defendants are nonresidents of Virginia, where may Plaintiff lay venue?

Answer 19

Where the plaintiff resides.

[Otherwise – venue is always about where D lives].

Question 20

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…

Answer 20

Good cause for transfer.

Question 21

The factors relevant to “good cause” for transfer (which the court will weigh) include:

Answer 21

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.

Question 22

For a dismissal due to forum non conveniens, the court must find:

Answer 22

(1) Good cause; and
(2) that the other court has jurisdiction.

Question 23

A defendant must object to improper venue within…

Answer 23

21 days.

Question 24

When objecting to improper venue, a defendant must also set forth:

Answer 24

Where he believes venue to be proper.