Venue Flashcards
What is Venue?
Venue is the location (district in federal court or county in a California court) where a case is heard.
When is a Federal venue proper?
Venue is properly in any judicial district where: (1) any defendant resides, if they all reside in the same state; (2) a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of the property involved is situated; or, if neither applies, (3) for diversity actions, any district where any defendant is subject to personal jurisdiction at the time the action is commenced, or for federal questions, any district in which any defendant can be found.
How is Residence determined?
Residence for a person is based on domicile, whereas residence for a corporation is any district where it is subject to personal jurisdiction. An unincorporated association resides anywhere it does business.
When may venue be Transferred to another district?
Venue may be transferred to another district where the action might have been brought if it is appropriate upon a balancing of the relative convenience and in the interest of justice. If the original venue was proper, the new venue must apply the law of the original venue.
What is Forum Non Conveniens?
A court may stay or dismiss an action if it finds the action should be heard, in the interest of substantial justice, in a different district or country.
How is Forum Non Conveniens established?
The moving party must establish that: (1) the alternative forum is suitable (i.e., PJ is proper, no SOL problem, and due process), and (2) private and public interest factors balance in favor of the alternate forum.
What Private and Public Interest Factors are weighed when assessing an alternative forum?
Public Factors: (1) Availability of alternative forum, (2) plaintiff’s choice of forum, and (3) the forum state’s interest in providing redress. Private Factors: (1) Convenience of the parties and witnesses, (2) location of evidence, and (3) where the cause of action arose.
Recite the Structure for Federal Venue.
Venue (Federal) Proper Where: 1. Any Defendant Resides (If All Defendants In Same State), or 2. Substantial Part of Events Occurred or Property Located; or, if Neither Above, 3. Any District Where Any Defendant Subject to PJ (Diversity) or Can Be Found (Federal Question) Transfer: Can transfer to another proper venue after balancing the relative convenience and in the interests of justice FNC: Can stay or dismiss if the action should be heard in a different district or country. Proponent must show: 1. Alternative Forum Suitable 2. Private/Public Factors in Favor of Other Forum
