Venue

Question 1

Where is venue proper? (2 ways)

Answer 1

1) where ANY D resides if ALL D’s reside in same state (domicile)
- Corp: reside in any district where they would have personal jurisdiction in.

2) Where SUBSTANTIAL PART of claim arose, or property is located at.

Question 2

What is the proper remedy for improper venue?

Answer 2

MOTION TO TRANSFER

Question 3

Motion to transfer

Answer 3

venue to proper venue which MUST be filed in first response to complaint and which will be granted in courts DISCRETION for convenience of all parties and witnesses and interests of justice.

Question 4

When will court grant discretion to move venue

Answer 4

courts DISCRETION for convenience of all parties and witnesses and interests of justice.

Question 5

when must a motion to transfer be filed?

Answer 5

must be filed in first response to complaint or D waives it.

Question 6

where is venue proper

Answer 6

1) any district D residents
- if all D’s reside in same state

2) venue proper district where a substantial part of claim arose

Question 7

where do corporations reside for venue purposes

Answer 7

WHEREVER PERSONAL JURISDICTION.

• place of incorporation
• headquarters
• PJ: transactions