Venue and Forum Non Conveniens

Question 0

Venue based on Residence - Where trial held

Answer 0

Proper venue is the residence of any party

Question 1

Venue in General

Answer 1

A case may be filed in any proper county of P’s choosing and will be heard there, unless

Venue is changed by court order or consent of the parties.

Question 2

Venue - Action involving title or possession of real property

Answer 2

any county where part of the real property is located

Question 3

Venue - Personal Property

Answer 3

any county where chattel is situated at the time of commencement

Question 4

Venue by Contract

Answer 4

agreement fixing place of trial made prior to commencement are valid

Supersedes any general default venue rules.

Question 5

Venue for actions against government entities

Answer 5

1. Against a county - in court of that county.
2. Against a city other than NYC, any county where the city is located.
3. NYC - county where action arose or where action arose outside of city, then county of NY.
4. Against public authorities, county of principal office
5. Against NYC Transit Authority, in county within city where action arose.

Question 6

Venue - Consumer Credit Transactions

Answer 6

In actions arising out of such a transaction where borrower is D

Place of trial is residence of D or
County where transaction occurred

Question 7

Grounds for Change of Venue

Answer 7

1. not proper venue
2. cannot receive impartial trial
3. venue is inconvenient for a material witness

Question 8

Conflict of Venue arising out of Joinder of Parties

Answer 8

Court will decide proper venue if conflict arises on motion of party

Question 9

Forum Non Conveniens - General Rule

Answer 9

P’s choice of forum will not be disturbed if proper

if court finds case “In the Interest of Substantial Justice.” should be heard in another forum court

court can stay or dismiss action in whole or in part.

Question 10

Forum Non Conveniens Doctrine - Factors (6)

Answer 10

1. Comity
2. Relationship to NY
3. Interests of the Parties
4. Burden on courts and parties
5. Evidence - what kind of evidence needs to be brought here

Question 11

D makes demand to change county,

P can do the following

Answer 11

1. Agree to change
2. Not answer - and D make a motion in county of his choosing.
3. Respond and challenge change of venue

Question 12

Grounds for Change of venue - List

Answer 12

1. Case not brought in proper county
2. Impartial trial cannot occur
3. Venue is inconvenient for a material witness

latter 2 - standard for motion to change venue is a REASONABLE TIME

Question 13

Venue Inconvenient for a Material Witness - Factors (4)

Answer 13

a. Show the Names and Address of Witnesses
b. Explicate facts of testimony and show its material and necessary.
c. Show they will actually testify
d. Show venue is a serious inconvenience for them

APPLIES ONLY TO A NON-PARTY WITNESS

Question 14

What are Transitory Actions and what is proper venue

Answer 14

actions that are not
Consumer credit cases
local actions

Venue is based on residence

Question 15

Residence domestic or authorized foreign corporation

for purpose of venue

Answer 15

principal place of business or office is located

Question 16

Residence of Railroads for Venue Consideration

Answer 16

Principle office of railroad or

location where cause of action arose

Question 17

Criteria considered for venue change because it is inconvenient for a material witness

NETS

Answer 17

Names of Witnesses
Explicate facts and testimony they will give
Testify- they will appear
Show it is a serious inconvenience