Venue

Question 1

What is venue?

Answer 1

It pertains to the particular geographic location or locality in which a case can be heard.

In state court, venue are delineated by counties. Venue is the D’s privilege.

Question 2

Where is venue proper where the D is a resident of Oklahoma?

Answer 2

Venue is proper in the county in which the D:

1. currently resides;
2. resided when the claim arose; and
3. may be summoned.

Question 3

Where is venue proper where real property is involved?

Answer 3

Where the property is situated.

Question 4

Where is venue proper where there is negligence and intentional torts?

Answer 4

Where the D resides.

Question 5

Where is venue proper where there is a replevin action?

Answer 5

1. Where the D resides; or

2. Where the D may be served with process.

Question 6

Where is venue proper where there is a collection of an open account, statement of account, account stated, contract relating to the purchase goods, labor or services contract, or for the collection of a note or other instrument of indebtedness?

Answer 6

1. In any county in which venue is proper as provided by law; or
2. in the county in which the debt was contracted or in which the note or instrument of indebtedness was given.

Claims by an assignee of a note or instrument of indebtedness must be brought in the county in which the D resides.

Question 7

Where is venue proper where an automobile accident occurred?

Answer 7

1. In the county in which service of summons can be obtained upon one or more of the Ds; or
2. the damages were sustained.

Question 8

Where is venue proper where there is a dissolution of marriage?

Answer 8

1. In the county in which the party seeking the divorce or annulment has resded for teh 30 days immediately preceding the filing of the petition; or
2. the respondent resides when the petition is filed.

Question 9

Where is venue proper where a domestic corporation is involved?

Answer 9

1. In the county in which the corporation is situated;
2. the corporation has its principal office or place of business;
3. any of the principal officers reside or may be summoned;
4. the cause of action arose; or
5. any co-D of the corporation may be properly sued.

Question 10

Where is venue proper where there is a foreign corporation?

Answer 10

1. an agent of the corporation may be found;
2. the cause of action arose; or
3. the P resides.

Question 11

Where is venue proper where there is an out-of-state defendant?

Answer 11

1. In the county in which the claim arose;
2. the D may be found;
3. property owned by the D is situated;
4. debts are owed to the D; or
5. the P resides.

Question 12

When is there a transfer of venue?

Answer 12

Generally, a case may be transferred from one court to another, upon good cause shown, where venue is appropriate.

An Oklahoma court may, upon request of either party or on its own, transfer a case to the court of another county when it appears that a fair and impartial trial cannot be had in t he county where the suit is pending.

The court will consider the following factors:

1. whether an alternate forum exists where the case may be tried;
2. whether the alternate forum provides an adequate remedy;
3. whether declining to transfer the case would work a substantial injustice to the moving party;
4. whether the alternate forum can exercise jurisdiction over all the Ds properly joined in the action;
5. whether the balance of the private interests of the parties and the public interest of the state predominate in favor of the action being brought in a alternate forum; and
6. whether the transfer would prevent unreasonable duplication or proliferation of litigation.

This is the doctrine of intrastate forum nonconveniens. This does not apply to permit transfer of a divorce action that was filed in a county with proper venue under the divorce venue statute.

A D may petition to transfer the case to another state’s court, even if jurisdiction and venue are proper, if he demonstrates that the other state is substantially more appropriate than the forum state.