Venue

Question 1

How do you determine Venue?

Answer 1

1.Forum Selection Clause 2.Look for category A. 3.Look for category B.

Question 2

What must a forum selection clause be?

Answer 2

Fair and reasonable

Question 3

What cases fall into Category A venue?

Answer 3

Local actions (involving land) Will actions Writ actions (i.e., mandamus, prohibition, certiorari)Injunctions

Question 4

Where is venue for Local actions (involving land)?

Answer 4

Venue is where land or any part thereof lies

Question 5

here is venue for Will actions?

Answer 5

Venue is where will was subject to probate

Question 6

Where is venue for Writ actions? (i.e., mandamus, prohibition, certiorari)

Answer 6

Venue is where proceeding to which writ relates is located

Question 7

here is venue for Injunctions?

Answer 7

Wenue is where subject proceeding/judgment is located

Question 8

What is category B venue?

Answer 8

Whatever does not fall into Category A

Question 9

What may Category B venue be?

Answer 9

Where D resides Where D has principal place of employment Where cause of action arose Where D has registered office/agent Where D regularly conducts business (but busness must relate to case) Where property subject to litigation is located Where fiduciary subject to litigation is qualified

Question 10

What constitutes “good cause” to refuse transfer based on improper venue?

Answer 10

A lawyer’s failure to press the issue of improper venue, even if a motion objecting to venue was properly filed

Question 11

What must the court find before ordering transfer of venue?

Answer 11

Good Cause

Question 12

Factors relevant to good cause are:

Answer 12

the court weighs (1) plaintiff’s choice of forum against things like (2) agreement of parties, (3) avoidance of substantial inconvenience to parties or witnesses, (4) delay in party’s seeking transfer, etc. The decision about transfer is vested in the court’s discretion.

Question 13

The Virginia Supreme Court held that a trial court abused its discretion when…

Answer 13

it refused to transfer from place where defendant had his principal place of employment to place where cause of action arose, where plaintiff worked and where witnesses were located.

Question 14

What are the elements to quality for forum non conevniens?

Answer 14

• If (1) the cause of action accrued out of state, (2) is brought by a non-resident of Virginia, and (3) there is a more convenient venue outside Virginia, a court might dismiss without prejudice.

Question 15

What must the court find to properly grant forum non conveniens?

Answer 15

The court must find (1) good cause and (2) that the other court has jurisdiction.

Question 16

In granting the motion for forum non conveniens, the couer may condition the dismissal on…

Answer 16

stated conditions (e.g., that D not raise certain defenses).