Venue

Question 1

Venue

Answer 1

A. Civil Action in a district:

1. where any ∆ resides
2. where a substantial part of the events or omissions giving rise to the claim occurred or a substantial part of the property that is the subject of the action is situated; OR
3. if none of the above, where any ∆ is subject to personal jx

Question 2

Defendant’s Residence

Answer 2

B. ∆’s residence:

1. individuals: domicile
2. corporations and other entities: any district where ∆ corp/entity is subject to PJ, or where has most substantial contacts

Question 3

South Carolina Venue - Resident Individuals

Answer 3

A. Resident Individuals

1. ∆ resides at the time the COA arose or
2. where the most subst. part of act or omission giving rise to the COA occurred

Question 4

SC Venue - Non-Resident Individiuals

Answer 4

1. where the most substantial part of act or omission giving rise to the COA occurred; or
2. where (1) π resides if π is an individual or (2) where the π’s PPB is located if π is a business entity at the time the COA arose

Question 5

SC Venue - Business Entities/ Foreign Business Entities Licensed to do Businesss in SC

Answer 5

1. where the business entity has its PPB at the time the COA arose or
2. where the most substantial part of the act or omission giving rise to the COA occurred

Question 6

SC Venue -Foreign Business Entities NOT Licensed to do Business in SC

Answer 6

1. where most substantial part of the act or omission giving rise to the COA occurred; or
2. where (1) the π resides if π is an individual or (2) where the π’s PPB is located
3. whether the foreign business entity has its PPB

Question 7

Principal Place of Business

Answer 7

A. home office within the state from which its officers direct, control, or coordinate its activities

B. if the corp. does not have a home office in the state, then the location of the corporation’s manufacturing, sales, or purchasing facility within the state, or

C. if the corporation does not have a home office in the state and has more than one facility in the state then the location at which the majority of corporate activity takes place (consider number of employees, authority of employees and tangible corp. assets in a county)

Question 8

SC Venue - Multiple Defendants

Answer 8

county where any of the ∆’s resides

Question 9

Change of Venue - Federal District Court

Answer 9

Federal: transfer from one fed. dist. ct. to one where case could have been brought originally (one that is a proper venue and has PJ over ∆)

1. when original venue is improper court MUST either transfer or may dismiss
2. when original venue is proper court MAY transfer to some other venue that is substantially more convenient based on
   a) convenience of parties
   b) convenience of witnesses and
   c) in the interest of justice

Question 10

Change of Venue - SC

Answer 10

1. original venue is improper MUST transfer to a proper county
2. original venue is proper MAY transfer to another county if it finds EITHER

a) a fair and impartial trial cannot be had where the action was filed OR
b) the convenience of witnesses and the ends of justice would be promoted by changing to another county

Question 11

Forum Non Conveniens

Answer 11

Forum Non Conveniens: (CL): court may in its discretion decline jx in deference to another forum based on such factors as

1. relative ease of access to proof
2. availability of compulsory process
3. cost of obtaining attendance of witnesses
4. interest in having local controversies decided at home
5. interest in litigating a case in a forum familiar with applicable law

Question 12

Forum Selection Clauses

Answer 12

VII. Forum Selection Clauses: generally unenforceable in SC, as are arbitration agreement requiring arbitration outside SC (will arbitrate in SC)