Venue Flashcards
How do you determine Venue?
1.Forum Selection Clause 2.Look for category A. 3.Look for category B.
What must a forum selection clause be?
Fair and reasonable
What cases fall into Category A venue?
Category A: (LWWI)
Local Land Actions
Wills
Writs
Injunctions
Where is venue for Local actions (involving land)?
Venue is where land or any part thereof lies
where is venue for Will actions?
where the will was probated or, if not yet probated, where it could have been offered for probate.
Where is venue for Writ actions? (i.e., mandamus, prohibition, certiorari)
Venue is where proceeding to which writ relates is located
where is venue for Injunctions?
venue is where subject proceeding/judgment is located
What is category B venue?
Category B is permissive so Whatever does not fall into Category A
What may Category B venue be?
Where the defendant resides or works/ where the action occurred/ registered agent, where they conduct substantial business, where property located, where fiduciary qualified.
What must the court find before ordering transfer of venue?
Good Cause
Factors relevant to good cause are:
the court weighs (1) plaintiff’s choice of forum against things like (2) agreement of parties, (3) avoidance of substantial inconvenience to parties or witnesses, (4) delay in party’s seeking transfer, etc. The decision about transfer is vested in the court’s discretion.
A motion to transfer for lack of venue must state
1) why venue is improper and (2) what places would be proper.
What will court do if venue is not proper?
Court will not dismiss a case for improper venue it will instead transfer it to a proper venue in Virginia
When must an objection to venue be done GDC/CC?
CC → 21 days after service
GDC → no limit (any time on or before trial)
