Venue

Question 1

How can venue be waived?

Answer 1

The venue can be waived by the parties and venue is waived unless a timely objection is filed made to an improper venue

Question 2

What is venue?

Answer 2

Venue is where within a state or geographic district, the original proceeding is to be located.

Question 3

What does local v. transitory action mean?

Answer 3

Venue is proper in the county where the claim arose or when the land in the dispute is located.

Question 4

What are the five factors of local v. transitory actions?

Answer 4

The five factors are:
1. D’s and P’s residence, or place of business
2. Economic burden on parties
3. Where the cause of action arose
4. Readiness of the evidence
5. Venue contract

Question 5

What is the transfer of venue?

Answer 5

Improper venue can be transferred from one state court to another within the forum state.
*It cannot be transferred outside because that would be a different judicial system

Question 6

What is forum non conveniens?

Answer 6

A court may dismiss the original case in the interest in justice if there is a far more appropriate forum in a different judicial system.

*The court dismisses because courts cannot transfer to another judicial system

Question 7

For federal court, when is venue proper in?

Answer 7

Venue is proper in:
1. A district in which the defendant resides if all the defendants reside in the same state;
2. A district in which a substantial part of the events or omissions occurred, or in a substantial part of the property that is subject to the action is situated; or
3. In any district where the defendant is subject to territorial jurisdiction

Question 8

For venue purposes, what does residence mean?

Answer 8

Residence for a natural person is the district where the defendant is domiciled. Whereas a corporation, resides in any district where it is subject to territorial jurisdiction

Question 9

What is the big picture in venue?

Answer 9

Venue or physical courthouse is where the case can be heard at