Venue

Question 1

28 USCS § 1391(b) Venue Generally

Answer 1

(b) Venue in general. A civil action may be brought in—

      (1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located;

      (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or

      (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action.

Question 2

28 USCS § 1391 (c) Venue Generally

Answer 2

(c) Residency. For all venue purposes—

      (1) a natural person, including an alien lawfully admitted for permanent residence in the United States, shall be deemed to reside in the judicial district in which that person is domiciled;

      (2) an entity with the capacity to sue and be sued in its common name under applicable law, whether or not incorporated, shall be deemed to reside, if a defendant, in any judicial district in which such defendant is subject to the court’s personal jurisdiction with respect to the civil action in question and, if a plaintiff, only in the judicial district in which it maintains its principal place of business; and

      (3) a defendant not resident in the United States may be sued in any judicial district, and the joinder of such a defendant shall be disregarded in determining where the action may be brought with respect to other defendants.

Question 3

28 USCS § 1404. Change of venue

Answer 3

(a) For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented.

Question 4

§ 1406. Cure or waiver of defects

Answer 4

(a) The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.

(b) Nothing in this chapter [28 USCS §§ 1391 et seq.] shall impair the jurisdiction of a district court of any matter involving a party who does not interpose timely and sufficient objection to the venue.