Venue

Question 1

PROPER VENUE

What is proper venue?

NOTE: The Test is different from FRCP

Answer 1

Rules — 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 location of the CoA is generally IRRELEVANT to determine proper venue

*NOTE: THIS IS A NY DISTINCTION Different from FRCP
THE TEST IS BASED ON THE RESIDENCY OF THE PARTIES NOT THE LOCATION OF THE CoA

Question 2

IMPROPER VENUE

What is the effect of improper venue?

Answer 2

Improper Venue can be Remedied and is NOT a jrx defect

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 → AUROMATIC change

If π OBJECTS or FAILS to RESPOND → ∆ 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

Question 3

CHANGING VENUE

What are the discretionary grounds for changing venue?

Answer 3

The Discretionary Grounds for Changing Venue Are:

1) For 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

NOTE: The DEMAND PROCEDURE for change of venue is not applicable to a discretionary venue change. FOR this type of change ANY party may move for discretionary venue relief at a “REASONABLE TIME”