Venue Flashcards
What is proper venue?
π chooses venue & specifies it in summons according to these rules… 1) If it’s an action affecting title/possession to real property, proper venue =county where real property located 2) If it’s any other action, proper venue = county of residency of one of the parties at time action is commenced 3) If neither party resides in NY, proper venue = any county NOTE: The loction of the c/a is generally IRRELEVANT to determine proper venue
What is the effect of improper venue?
π’s choice of an improper venue is NOT jx defect (i.e. it’s NOT a basis for dismissal) ∆’s remedy = ∆ designates a property cty after serving a demand for change of venue on π (served w/ or before the answer) If π concedes to demand»_space; automatic change If π objects or fails to respond»_space; ∆ must MOTION for Change of Venue, which will be granted as a matter of right if π’s venue choice was improper and ∆’s is proper
What are the discretionary grounds for changing venue?
1) Convenience of a material witness: either party (via MOTION) may request a change in venue from ct to a cty that would be most convenient for the witness (often where the c/a arose) 2) Bias in cty: either party (via MOTION) may request venue change if there is reason to believe that an impartial trial cannot be had in the particular cty