Venue and Related Issues Flashcards
What is the general rule where venue is proper in a county where?`
1) any defendant resides.
- Individuals reside= where domiciled
- Organization resides
a) anywhere where “doing business” or
b) have an office or
b) any single partner resides
2) any part of cause of action arose
Where does an organization reside?
1) Organization resides
a) anywhere where “doing business” or
b) have an office or
b) any single partner resides
What are the 5 venue exceptions (GRAIL)
1) governmental entities
2) Real Property
3) Absent D’s
3) Illinois Insurance Co.
4) Libel
Where is venue for governmental entities?
government entities can be sued only county where principal office is
Where is venue for real property
county where real property is located
where is venue for absent defendants?
if no defendant resides in IL the venue is proper ANY county in IL
Where is venue proper for Insurance Co’s as defendants
P’s residence becomes additional venue choice
Where is venue for libel cases?
where any d resides AND
2) where libel article was composed
What is the remedy for improper venue?
D must make a MOTION TO TRANSFER VENUE to proper 1st response to complaint which will be grated in courts discretion for convenience of parties and witnesses and interests of justice.
- If wait to long it is waived
What is a motion to CHANGE venue
motion to relocate action based upon a fear of bases of you by inhabited of county
What are the requirements for motion to CHANGE venue
1) must file an affidavit swearing it fears bases against it AND
2) must have at least 2 supporting affidavits from residents of the county swearing bases `
Time limit for Motion to CHANGE
must be filed before judge as resolved any SUBSTANTIAL MERITS based issue
What is a Forum Non Conveniens
although lawsuit as filed in proper forum, nonetheless court may dismiss action if forum is “GROSSLY INCONVENIENT”
What are the characteristics of a forum non convenient
1) discretionary: almost unlimited by judge to dismiss
2) DISMISSAL: is a remedy not just transfer
3) Gross inconvenience forum is unfair to parties and or witnesses
4) conditional: before court dismisses it must receive assurances that D will waive objections to being re-sued in another forum w/i 6 months
