Venue Flashcards
Basic Idea of Venue
Subject matter jurisdiction told us we can take a case to federal court. Venue tells us exactly which federal court. The country is divided into federal districts. P is suing
in federal court and wants to lay venue in a proper district.
P may lay venue in any district where:
- all defendants reside; or
- a substantial part of the claim arose.
Do these venue choices apply in a removed case?
NO – remember, in a removed case, venue was set in the district that embraced the state court.
Where Do Defendants “Reside” for Venue Purposes?
Individuals: Where Domociled
Corporations: Anywhere PJ will apply
- PPB
- Incorporated
Transfer of Venue
A federal district court may transfer the case to another federal district court. The original court is the “transferor” and the one to which the case is sent is the “transferee.”
IMPORTANT: It can only transfer to a district where the case could have been filed.
- The transferee must be a proper venue and have PJ over the D
- Exception:
- the court can transfer to any district (even an improper venue) if all parties
consent (unlikely that P will do so) and the court finds cause for the transfer.
- the court can transfer to any district (even an improper venue) if all parties
2 different approaches to analyze transfer of venue
- If the original district filed in was the proper venue
- If the original district filed in was an improper venue
If the original district is a proper venue, that court can order transfer based on…
convenience of parties and witnesses and on the interest of justice.
Is there ever a right to transfer?
No, always discretionary
What factors does the court look to in deciding whether to transfer the case? and who bears the burden?
Because transfer overrides P’s choice of forum (and because P chose a proper venue), the burden is on the person seeking transfer.
Public and Private factors showing that the transferee is the center of gravity
Public Factors for Transfer of Venue
- what law applies,
- what community should be burdened with jury service,
- the desire to keep a local controversy in the local court.
Private Factors for Transfer of Venue
convenience
Also where the evidence and witness’ are
Forum Selection Clause
One important factor in favor of transfer is the existence of a valid forum selection clause. If the parties entered a K saying that a dispute will be litigated in a particular district, the court will almost always transfer to that district. The
parties are deemed to have agreed that the private factors support litigation in that district.
If the original district is an improper venue, what may that court do?
It may transfer in the interest of justice OR dismiss
Forum Non Conveniens
Like transfer, there is another court that is the center of gravity, that makes more sense than the present court.
What does the Court do in Forum Non Conveniens
It dismisses or stays the case
To stay means hold in abeyance; nothing happens in the case. It just sits there. Whether it dismisses or stays, the idea is that P will then sue in the other court.
