Venue

Question 1

Where venue is proper

Answer 1

A judicial district:

1) Where any defendant resides, if all reside in the same state;
2) in which 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 no district anywhere that satisfies either, one in which any defendant is subject to personal jurisdiction

Question 2

Residence for Venue Purposes

Answer 2

1) Individuals: domicile
2) Business entities: wherever subject to PJ
3) Nonresident of US: any judicial district

Question 3

Waiver of Improper Venue

Answer 3

Can be waived, considered waived unless timely objection made

Question 4

Transfer

Answer 4

1) Court may transfer the case for the convenience of the parties or witnesses to any court where it could have originally been filed
2) All aprties may consent to transfer to a particular district

Question 5

If venue is improper

Answer 5

Court must dismiss or transfer “in the interests of justice” to a venue in which the case could have been brought. Latter more appropriate except in extraordinary circumstances.