Venue (Part II)

Question 1

Venue

Answer 1

Determines proper forum or geographical place for a court to hear a case

Question 2

If there is a proper forum in Virginia

Answer 2

The case will not be dismissed solely for improper venue

Question 3

D must object or issue is waived

Answer 3

Venue

Question 4

Venue is tested

Answer 4

At the commencement of an action

Question 5

A designated forum based on a cause of action

Answer 5

A Preferred venue (Class A)

Question 6

Proper venue for Marriage-related actions

Answer 6

where the parties last cohabitated or where D resides within VA; if D is non-resident of VA, where P resides

Question 7

Proper venue for Wills

Answer 7

where the will was or will be probated (normally where the deceased resided)

Question 8

Proper venue for Virginia Torts Claims Act suits

Answer 8

where the claimant resides, where the act or omission occurred, or if the claimant resides outside of VA, where P resides

Question 9

Proper venue for actions involving land disputes

Answer 9

county or city in which the land is situated.

Question 10

Proper venue for a Distress action

Answer 10

where the premises are located or goods may be found

Question 11

Proper venue for an Injunction

Answer 11

Circuit Court proceeding–where the judgment was rendered or pending
Gen. Dist. Court proceeding–Circuit Court where the judgment was rendered or pending
Any other proceeding–Circuit Court where the act is to be done or the proceeding is pending

Question 12

Proper venue for Attachment

Answer 12

county or city in which the principal D has estate or debts owed to him

Question 13

Proper venue for Writ of mandamus, prohibition, or certiorari

Answer 13

where record or proceeding to which writ relates is located (except those issued by Supreme Court)

Question 14

Proper venue for Writ of quo warranto

Answer 14

where any D resides; if D is a corporation, where its registered office is, or where its chief officer resides; if no D in VA, venue is Richmond.

Question 15

Proper venue for Attorney disbarment or suspension

Answer 15

where D resides, has a principal office or place of practice, resided or practiced when the misconduct occurred, or has pending cases relating to the misconduct.

Question 16

Proper venue for Administrative decisions

Answer 16

where (i) affected party resides or regularly conducts business, or (ii) affected property is located; if none, where the violation occurred.

Question 17

Proper venue for Tax disputes

Answer 17

where the taxpayer resides, owns property, has a registered office, or regularly conducts business; for refunds, also Richmond.

Question 18

Proper venue for Public Contract Bonds

Answer 18

where the public project, or any part thereof, is situated.

Question 19

Proper venue for Transportation district contracts

Answer 19

any county or city at least partly within that district.

Question 20

Permissible venues (Class B) are

Answer 20

venues which are given lower priority than preferred venues (Class A).

Question 21

General permissible venues (Class B) may be:

Answer 21

-where D resides or principal place of business
-where non-individual D has its principal office of place of business
-where D has a registered office or agent to receive process
-where D regularly conducts substantial business activity provided there exists a practical nexus between the forum and location of parties and evidence
-where cause of action arose

Question 22

Proper venue for Delivery of Goods

Answer 22

where goods were delivered

Question 23

Proper venue for Recovery or Partition of Property

Answer 23

where property is physically located or where evidence of the property is located; if neither applies, where P resides.

Question 24

Proper venue for Action against court-appointed fiduciary

Answer 24

where the fiduciary was qualified.

Question 25

Proper venue for an action for Improper Message

Answer 25

where message was transmitted, delivered, accepted for delivery, or mis-delivered.

Question 26

Fallback provision for permissible venues:

Answer 26

where D has property or debts owing to him subject to seizure by any civil process; if all Ds unknown, or there is no preferred or permissible venue, where any P resides.

Question 27

When there are multiple parties to an action, venue is proper in

Answer 27

(i) preferred venue for any D; (ii) wherever venue is proper for a resident D; or (iii) in all other cases, wherever venue is proper for any party.

Question 28

A Motion to Transfer Venue must state

Answer 28

(i) why venue is improper, and (ii) where venue would be proper; if sustained, the court must transfer the action to a proper venue.

Question 29

Motion to Transfer Venue (Circuit Court)

Answer 29

D must file motion within 21 days of being served, otherwise issue of venue is waived.

Question 30

Motion to Transfer Venue (General District Court)

Answer 30

D must file on or before trial date, otherwise issue of venue is waived.

Question 31

If a dismissed Defendant was either not properly joined in the original action or was joined to create venue, then

Answer 31

Defendant may object to venue within 10 days after Defendant whose presence created venue is dismissed.

Question 32

In a divorce or annulment action, the court may transfer the action to

Answer 32

a proper preferred venue on own motion within 60 days of service of process on all parties.

Question 33

Transfer (Forum non conveniens)

Answer 33

court may transfer to fair and convenient forum with jurisdiction within Virginia.

Question 34

Dismissal (Forum non conveniens)

Answer 34

court may dismiss an action brought by a non-resident without prejudice if (i) it arose outside Virginia, and (ii) a more convenient forum with jurisdiction is available outside Virginia.

Question 35

Retention (Forum non conveniens)

Answer 35

If a party opposes transfer/dismissal, the court may retain the action for good cause (e.g., party agreement, avoiding substantial inconvenience, and compliance with the law).

Question 36

Appellate Review (Forum non conveniens)

Answer 36

abuse of discretion standard applies on appeal.

Question 37

Forum selection provisions in contracts are

Answer 37

presumed valid and enforceable; rebuttable upon showing of unfairness, unreasonableness, fraud, or unequal bargaining power.

Question 38

When a court transfers or retains an action subject to a venue objection,

Answer 38

the court may award compensation and attorney’s fees.