Venue

Question 1

When is venue proper?

Answer 1

Venue is proper in a district where:

1) Any defendant resides, if all defendants reside in the same state

2) A substantial part of the events that gave rise to the suit occurred

3) Where the property at issue is located; OR

4) Any defendant is subject to the court’s personal jurisdiction (if no above provision applies)

Question 2

What happens when a substantial part of the events arise in a foreign country?

Answer 2

Unless another theory of venue applies, venue will only be proper in a forum state that has Personal Jurisdiction over a defendant.

Question 3

May a party move to transfer venue when venue was already proper?

Answer 3

Yes, for the convenience of parties and witnesses and in the interest of justice.

Question 4

What are the requirements of transferring venue?

Answer 4

(1) where the suit could have been originally brought or

(2) to which all of the parties have consented.

Question 5

When venue is improper, what may a court do?

Answer 5

1) Dismiss the case

2) Transfer case to proper venue (if interest of justice requires)

Question 6

What is the doctrine of forum non conveniens?

Answer 6

The doctrine of forum non conveniens allows a federal court to dismiss a case—even when venue is proper in that court—if a state or foreign judicial system is better suited to hear the dispute.

Question 7

Is the fact that a venue is inconvenient to a defendant the controlling rule in determining whether venue is proper?

Answer 7

No; instead, it’s jus a factor.

Question 8

When is change of venue OK when original venue is proper?

Answer 8

District court may transfer any civil action to another jurisdiction where the case could have been brought if:

1) For convivence of parties and witnesses

2) In interest of justice

Either party can move to change or by court, but JDX and venue of court must be proper.