Venue Flashcards
what steps can you take to contest venue
you can file an exception of improper venue, but it is a declinatory exception which must be filed prior to or with the answer. If after this time, it has been waived.
how do you make an objection to venue
timely filing a declinatory exception of improper venue, must be raised by defendant
what are the general rules of determining proper venue for individuals
Domicile= parish of domicile
if no domicile, then residence
If no residence, then non resident with agent for process service (parish of agent’s po box address)
If non resident without agent = parish of plaintiff’s domicile or where service is made
what are the general rules of determining proper venue for corporations
domestic corporation= parish of registered office
foreign but licensed in state= parish of principal business
foreign not licensed=parish of plaintiff’s domicile or where service made
what are the general rules of determining proper venue for insurers? Partnerships?
domestic: parish of registered office
Foreign: east Baton Rouge
partnerships/ unincorporated associates= principal business establishment
which is NOT appropriate venue for action seeking to modify child support obligation?
a. parish where person awarded support is domiciled
b. parish where person paying support is domiciled
c. parish where support rendered if not registered and confirmed in another LA court
d. parish where support award last registered if in multiple courts
B. parish where person paying support is domiciled is NOT appropriate venue to modify.
Client is resident of shreveport (caddo parish), with suit for breach of K filed in Terrebone parish. He signed K from traveling salesman at his home, all negotiations occurred there, motor was delivered there. He didnt pay as promised. Is terrebone proper venue?
Probably not. An action on a contract may be brought in the parish where it was executed or where any work or service was performed or to be performed. Here, the K was signed in caddo parish, delivered there, no work or service was contemplated to be performed in terrebone. The seller could argue venue is proper because that is the parish in which payments of the K amount were made. However, client has better argument that merely sending payment under K to terrebone does not constitute work or service performed under K.
What are the exceptions to general venue?
- Change of domicile: old domicile for one year after change, or in new domicile unless defendant files declaration of intent to change
- Sequestration or action to enforce mortgage or privilege: brought where all or part of property is located (for executory process and foreclosure, suit in parish or situs of property or parish or defendant’s domicile only)
- Joint or Solidary Obligors: parish where one of joint or solidary obligors will be proper is proper for all. In a tort suit, may be brought where plaintiff is domiciled if one of defendants is an insurance company. Class action has same rule.
- Tort suits: parish where damages sustained; conduct occurred, or defendant is domiciled
- suit to enjoin wrongful conduct: where conduct occurred
- Filiation: domicile of child, where conception occurred, where either parent resided at conception, where either acknowledged child or where child born
- Child custody/ Support:
Obtain: parish of a party or last matrimonial domicile
change: parish where custodial parent domiciled or custody decree rendered or where person seeking custody domiciled
modify support: where person awarded support is domiciled, where support rendered if it has not been registered and confirmed in another court of the state, or in parish where support last registered if registered in multiple courts of the state.
to register support: where person awarded support is domiciled
what if venue is improper
the suit may be dismissed or transferred toa court of proper venue
what if venue is proper, but may cause impartial trial
may be moved to parish where no party is domiciled
explain forum non convieniens doctrine
allows court to transfer a suit even though venue is proper to where it might have been brought if needed for the convenience of the parties and witnesses with the intent of justice. also applies to suits based on acts originating out of state.
cannot be used where brought in parish of plaintiffs domicile with proper jurisdiction and venue is proer
what steps can you take to change venue
- file a motion to transfer based on forum non conveniens
a court may transfer a case to another district court wher eit might have been brought for the convenience of the parties and witnesses and in the interest of justice.
(venue is proper in xx parish because a domestic corporation has its registered office there, and it is parish where tort occurred. the exception prohibiting transfer on forum non conveniens grounds if the case was properly filed in plaintiffs domcile doesnt apply here because domicile in this case is improper venue)
What venues are nonwaivable
action to annul judgment (trial court that gave judgment)
successions (where decedent domiciled or owned immovable/ movable property)
annulment or divorce (spouse or last matrimonial domicile)
emancipation ( a party is domiciled)
tutorship (parish where surviving parent or custody is domiciled; if joint custody then where divorce instituted, where child resides or is domiciled; immovable then movable property)
interdictions (interdicts domicile, residence, or may be found)
deceased dies in bossier parish, but domiciled in caddo parish and owned immovable property in webster parish. in which parish must a proceeding to open succession be brought?
caddo parish. a succession must be brought where decedent was domiciled.
contract review shows contract had a clause that waives any objections to venue for lawsuit brought by seller to recover payment. does this affect venue?
no because an objection to venue may not be waived prioer to institution of an action
