Venue

Question 1

T or F: Venue is a constitutional issue

Answer 1

False. Non-constitutional issue of whether a KS county that π chose is an appropriate one

Question 2

T or F: there is only one appropriate venue

Answer 2

False. There may be more than one district or county in which venue lies

Question 3

Improper Venue

Answer 3

Waived if not raised by ∆

Question 4

Venue for Residents: Venue lies in counties where…

Answer 4

The cause of action arose
The ∆ resides
π resides, if ∆ is served in that county
∆ has business or employment, if ∆ is served in that county
Decedents estate is being probated, if decedent is jointly liable with ∆ and demand to enforce that liability has been made in the probate proceedings, or
tangible personal property that is the subject of an action for possession is located

Question 5

Venue for Non-Residents: Venue lies in counties where…

Answer 5

The cause of action arose
π resides (includes where corporate π has registered office or place of business)
∆ is served
∆ is transacting business
Where property of ∆ is located (including debt)
tangible personal property that is the subject of an action for possession is located, OR
Equipment or facilities for use in transportation or communication services rae located, if the case relates to those services

Question 6

Venue for Corporations: Venue lies where…

Answer 6

The cause of action arose
∆’s registered office is located,
∆ is transacting business, if π resides in that county
tangible personal property that is subject of an action for possession is located, OR
equipment or facilities in use in transportation/communications services are located, if the case relates to those services.

Question 7

Venue for Multiple πs

Answer 7

Residence of one π can count as where π resides if that π’s claim is a substantial part of the action

Question 8

Venue for Multiple ∆s

Answer 8

Venue as to any one ∆ against whom a substantial claim exists counts as venue for the whole action

Question 9

Transfer: 4 Types

Answer 9

1. For convenience of parties/witnesses
2. Because either party cannot get a fair trail in county
3. By stipulation of the parties & ct & Supreme Ct
4. To cure defect in venue (if commenced in good faith and if more than one county would be proper, π can chose)

Question 10

Forum Non Conveniens

Answer 10

Reason to dismiss, not to move cases

When the ct thinks that another state or foreign country is a more appropriate forum

Question 11

Consolidation: within one judicial district

Answer 11

If cases with a common question of law or fact are pending, a court may:

1. Join the cases for hearing/trial
2. Completely consolidate, oR
3. Issue any other orders to avoid unnecessary cost or delay

Question 12

Consolidation: across multiple judicial districts within KS

Answer 12

If cases arise out of same transaction/occurrence, the cases may be consolidated in part or in whole on order by the Supreme Ct.