Venue

Question 1

Venue (prompt)

Answer 1

In federal court, venue relates to the proper district in which to bring an action.

Venue is proper in:

1) any district in which all Ds reside
2) where a substantial part of the claim arose or where the property is situated

OR (if not 1 or 2) any district where any D is subject to the courts Personal Jurisdiction. Here,

Question 2

Improper Venue

Answer 2

If the original venue is improper, the court will transfer the case “in the interests of justice” to a district that has the basis for PJ, SMJ, and Venue.

Question 3

Transfer from a Proper Venue

Answer 3

Even if venue is proper, court may transfer the case for convenience of the parties to another district “where the action might have been brought”

Discuss:
Convenience to each party
SMJ
PJ
Venue

Question 4

Forum Non Conveniens

Answer 4

Although venue is proper in State X, the doctrine of forum non convenies allows a federal court, for the convenience of the parties and witnesses, in the interest of justice, to transfer a civil action to any other district where it might have been brought, or if transfer is not possible, dismissal of the civil action.

In deciding to transfer or dismiss the case, the federal court must evaluate both public and private factors in makings its decision. Here,

Question 5

Public Factors

Answer 5

Important public factors for the federal court to consider are the availability of alternative forums, P’s choice of forum, and the forum states interest in providing a forum for its residents. Here,

Question 6

Private Factors

Answer 6

Important private factors for the federal court to consider are the convenience of the parties and witnesses the location of the evidence, and where the cause of action occurred. Here,