Venue Flashcards
Venue is (generally) proper where:
- Defendant is properly served w/ process;
- where the cause of action arose; or
- where the occurrence took place out of which the action arose
Venue w/ multiple defendants:
Where Ds have joint & several liability, venue in any county w/ proper venue against any one of the Ds (exception for medical liability)
Venue w/ multiple claims against single defendant
Where more than 1 cause of action against same defendant, venue where any single cause could have been brought
Venue in martial actions:
- Where plaintiff resides, if also last marital domicile OR
- Where child resides, if relief sought includes child support
Venue in medical malpractice cases
ONLY in county in which cause of action arose.
Venue against Partnership Defendant:
Venue is proper in any of following:
- where partnership regularly conducts business;
- where cause of action arose
- where transaction or occurrence giving rise to action arose or
- county where property that is subject matter of case is located, if equitable relief is sought
Venue against Corporate defendant:
Venue is proper against Corporation Defendant in county:
- where registered office or principal place of business;
- where it regularly conducts business
- where cause of action arose
- where transaction giving rise to cause of action occurred
- where property that is subject of dispute is located
Venue involving insurance policies
Venue is proper under:
- same rules as corporate defendant
- where insured property is located
- where plaintiff resides (for life, accident, health, or disability insurance claims)
Objections to venue: timing
Must be made by preliminary objection. Waived if not raised.
Effect of sustained objection to venue
Court will transfer to proper venue within state; action will NOT be dismissed.
Venue: Transfer for convenience of parties
If original venue proper, may request transfer of venue to another proper venue (forum non conveniens).
PA Supreme Court must certify order changing venue, will designate county where case is transferred