Venue

Question 1

What is the basic idea of venue?

Answer 1

Where to file the case. VA courts will enforce contractual provisions that say that a case must be filed in a particular place (forum selection clause), as long as it is fair and reasonable. The same rule applies in federal cases.

Question 2

What is a Category A venue? What type of cases must be brought in a category A venue?

Answer 2

Where statutes prescribe the appropriate place for trial.

Cases dealing with local actions (land), wills, writs, and injunctions should be brough to a category A venue.

Local Actions - These are cases for the recovery, partition or judicial sale of land, to establish boundaries to land, for unlawful entry or detainer of land (including trespass), to subject land to a debt, to quiet title to land or remove an encumbrance on land. Must be filed where the land is located.*

Wills - Cases to establish or impeach a will should be brought where the will was probated or, if not yet probated, where it could have been offered for probate.

Writs - For mandamus (e.g., forcing an officer to perform a ministerial act– an act with no discretion), prohibition (e.g. stopping lower court from exercising jurisdiction) or certiorari (e.g., basically for review of zoning decisions), lay venue at the place where the proceeding to which the writ relates is located.

Injunctions - Where the subject proceeding or judgment is pending or was rendered, or where the subject act is to be done, is being done, or is apprehended to be done.*

Question 3

What is a Category B venue? What types of cases should be brought to a Category B venue?

Answer 3

These are the choices for the regular, old, run-of-the-mill case (anything not falling within Category A Venue). These choices are appropriate:

• Where D resides or has her principal place of employment;
• Where the cause of action (or any part thereof) arose (e.g. contracts case includes where the contract was entered and breached);
• Where D has a registered office or appointed agent;
• Where D regularly conducts substantial business (e.g. chairperson to an organization in a county is not substantial);
• In case to recover personal property, where the property is located;
• In case against fiduciary appointed under court order, where fiduciary is qualified.

Question 4

What’s the process for challenging venue in Circuit Court?

Answer 4

To challenge venue, must file motion objecting to venue within 21 days after service of process, unless the court extends time to file responsive pleading.

Question 5

What is the time limitation for challenging venue in GDC?

Answer 5

Okay to object to venue on or before the day of trial.

Question 6

What happens if D rightfully objects to venue in a timely manner?

Answer 6

Even if D objects to venue in a timely manner and was right, the court will not dismiss the case but transfer it to a proper venue unless it finds good cause to keep the case.

Question 7

What is the rule for venue when there are multiple defendant’s? What is the proper venue if all of the defendants are nonresidents? If one defendant is dismissed from the case, can the remaining defendent challenge venue?

Answer 7

• If venue is okay for one defendant then its okay for all defendants.
• If one defendant is dismissed from the case, assuming that venue is not otherwise appropriate, then the other can object to venue – objection must be within 10 days of the dismissal. Must show that dismissed defendant was joined improperly or to create venue. Tough standard to meet.
• If all Ds are nonresidents, may lay venue where the plaintiff resides (BUT if there is a VA co-D, venue must be proper as to her).

Question 8

If a case was originally placed in a proper venue, can it be transferred? What is the rule for transfer from proper venue?

Answer 8

Yes. If the case were originally placed in a proper venue, it can be transferred on motion of any party to another venue in VA.

The court must find good cause to transfer before ordering transfer.

Question 9

When a court is deciding whether a motion for transfer from a proper venue should be granted, what factors does the court consider in finding good cause?

Answer 9

Factors relevant to good cause:

• court weigh’s P’s choice of forum against things like agreement of parties,
• avoidance of substantial inconvenience to parties or witnesses,
• delay in party’s seeking transfer, etc.

Decision is in the court’s discretion. BUT…

VA Supreme Court held that a trial court abused its discretion when it refused to transfer from place where D had his principal place of employment to place where cause of action arose, where P worked and where witnesses were located. The trial court failed to weigh the appropriate factors.

Question 10

What is forum non conveniens dismissal? What is the rule?

Answer 10

• If the cause of action accrued out of state is brought by a non-resident of VA, and there is a more convenient venue outside VA, a court might *dismiss without prejudice. *
• The court must find good cause and that the other court has jurisdiction.
• In granting the motion, the court may condition the dismissal on stated conditions (e.g., that D not raise certain defenses).