Venue Flashcards
Venue refers to
geographic location where a claim should be filed
two types of venue
preferred and permissive
Category A venue
action against gov- where P resides or COA arose
moving party is the commonwealth- where d resides or coa arose
in an action for land- where land is located
in an action for wills- where will should have been probated
writs- where writ is situated
attachment- where principal d has an estate or debt
Category B venue
d resides or has its principal place of business, d has a registered agent, d regularly conducts substantial business activity provided there is a nexus between forum and parties/evidence, where coa arose
venue for k claim
where contract was made or breach occurred
motion to transfer
if there is a class a location, the case must be heard there unless all parties agree or fail to object
in gdc, d must
object and point out proper venue before or on the day of trial or objection is waived
in CC
Objection must be filed within 21 days of service of process
in both courts, objecting party
must state where venue is proper, why it is not proper here or objection is waived
As long as venue is preferred for one defendant
it is good for all defendants
forum selection clauses
enforceable unless unfair, unreasonable, unequal bargaining power
choice of law selections
enforceable as long as some relationship with the agreement
conflict of laws selection
choice of law governs substantive provisions, but procedural applies to state courts
