Venue

Question 1

North Carolina has two general rules for venue:

2

Answer 1

1. If any party resides in the state, then it is proper where one of the parties resides at the time the suit is brought
2. If no party resides in the state, then it is proper wherever the π designates in summons and complaint

Question 2

Venue is

Answer 2

where the suit is going to be located

Question 3

In actions involving domestic corporations, LPs, LLPs, or LLCs, venue is proper:

Answer 3

where the corporation has

1. principal office
2. maintains a place of business; or,
3. regularly engaged in business

Question 4

In actions concerning real estate, venue is proper:

Answer 4

in the county where the land is located

Question 5

In actions against foreign corporations, LPs, LLPs, or LLCs, venue is proper

Answer 5

where the injury occured

Question 6

What happens if venue is improper in N.C.?

Answer 6

The court will transfer the action to the proper venue

Question 7

When can a ∆ change venue?

Answer 7

∆ has to file a motion to change a venue BEFORE they file an answer to complaint

Question 8

Court can change a venue when?

2

Answer 8

It is not brought in a proper county

the convenience of the witnesses and the ends of justice would be promoted by the change

Question 9

An order granting or denying a motion for change of venue as of right:

Answer 9

When a change in venue is brought because it was an improper venue, can be immediately appealed to court of appeals