Venue

Question 1

Factors of Forum Non Conveniens

Answer 1

Is there an alternative forum to hear the case?

• Where underlying events occured
• Where witnesses and physical evidence is located
• the comparative costs of litigation in places
• is it possible to get witness testimonies
• language issues
• would ruling be enforcable
• choice of law
• backlog of the court
• burden on the court

Question 2

Transfer of Venue

Answer 2

1. Transfer when jurisdiction and venue is proper
   -convenience of witnesses
   -convenience of parties
   -location of claim
   -location of physical evidence
2. Transfer from improper court: if personal jurisdiction or venue is improper, can transfer to a court with both
3. Transfer when subject matter jur is lacking.
   transfer to a cour where it can be heard