Venue Flashcards
When can you transfer venue?
ONLY if venue is initially proper.
And if:
1. a party cannot receive a fair trial in the current court
2. for the convenience of the parties or witnesses
3. OR in the interests of justice
objection based on forum non conveniens is the same criteria.
Can you consent to venue?
YES. Venue may be agreed upon or waived by K
Where is venue proper - actions against FOREIGN corporations
Should be sued where the corporation has an agent or other representative
Where is venue proper - actions against DOMESTIC corporations
Where the corporation has, or usually keep, an office (or store)
Where is venue proper if there are multiple causes of action?
Venue is proper in any county where any cause of action arose
Where is venue proper if there are multiple ∆s?
Venue is proper in a county where ANY ∆ resides
Where is venue proper - actions against ∆s who are Florida residents
- where the ∆ resides
- where the cause of action accrued
- OR where the property is located (if a suit about property)
Venue
refers to the physical location of a lawsuit WITHIN Florida
Where is venue proper for ∆’s who are NOT residents of FL?
- where the cause of action accrued
- where SERVICE is made
- where the property is located (if property is involved)
For actions involving property, venue proper where?
ONLY IN THE COUNTY WHERE THE PROPERTY SITS.