Venue and Related Issues

Question 1

When is venue proper in a county?

Answer 1

1. When any D resides in the county/Orgs do business there, or any partner lives there OR
2. Any part of cause of action arose

Question 2

What are the venue exceptions?

Answer 2

GRAIL

Gov’t units can only be sued where their principal office is.
Real property: only in the county where property is located
Absent: if no D resides in IL, then venue becomes proper in any county
IL insurance co. D: P’s residence becomes proper venue also
Libel action: Venue proper in county where any D resides OR where libelous article was COMPOSED

Question 3

What is the remedy for an improper venue?

Answer 3

D must file a motion to transfer venue in its first response to complaint to change venue to proper one

Question 4

When will D’s motion to transfer to proper venue be granted?

Answer 4

When it is for the convenience of parties and witnesses, and in the interest of justice

Question 5

What is a Motion to Change Venue?

Answer 5

Its a motion to relocate action based upon fear of bias.

Question 6

What are the requirements for a motion to change venue?

Answer 6

Moving party must file an affidavit swearing it fears bias PLUS two supporting affidavits from the inhabitants of the county.

Question 7

When must the motion to change venue be filed?

Answer 7

Before the judge decides any substantial merit-based issues.

Question 8

What is Forum Non-Conveniens?

Answer 8

Discretion offered to the court to dismiss case despite having proper SMJ & PJ & venue

Question 9

What are the characteristics of forum non conveniens?

Answer 9

IL has virtually unlimited discretion to dismiss on this ground, for “gross inconvenience”

Question 10

What condition must the court include if they dismiss a case for non conveniens?

Answer 10

Court must condition its dismissal upon D’s agreement to waive any objections it would have to be sued in a different forum within 6 months.