Venue (Part II) Flashcards
Venue
Determines proper forum or geographical place for a court to hear a case
If there is a proper forum in Virginia
The case will not be dismissed solely for improper venue
D must object or issue is waived
Venue
Venue is tested
At the commencement of an action
A designated forum based on a cause of action
A Preferred venue (Class A)
Proper venue for Marriage-related actions
where the parties last cohabitated or where D resides within VA; if D is non-resident of VA, where P resides
Proper venue for Wills
where the will was or will be probated (normally where the deceased resided)
Proper venue for Virginia Torts Claims Act suits
where the claimant resides, where the act or omission occurred, or if the claimant resides outside of VA, where P resides
Proper venue for actions involving land disputes
county or city in which the land is situated.
Proper venue for a Distress action
where the premises are located or goods may be found
Proper venue for an Injunction
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
Proper venue for Attachment
county or city in which the principal D has estate or debts owed to him
Proper venue for Writ of mandamus, prohibition, or certiorari
where record or proceeding to which writ relates is located (except those issued by Supreme Court)
Proper venue for Writ of quo warranto
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.
Proper venue for Attorney disbarment or suspension
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.
Proper venue for Administrative decisions
where (i) affected party resides or regularly conducts business, or (ii) affected property is located; if none, where the violation occurred.
Proper venue for Tax disputes
where the taxpayer resides, owns property, has a registered office, or regularly conducts business; for refunds, also Richmond.
Proper venue for Public Contract Bonds
where the public project, or any part thereof, is situated.
Proper venue for Transportation district contracts
any county or city at least partly within that district.
Permissible venues (Class B) are
venues which are given lower priority than preferred venues (Class A).
General permissible venues (Class B) may be:
-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
Proper venue for Delivery of Goods
where goods were delivered
Proper venue for Recovery or Partition of Property
where property is physically located or where evidence of the property is located; if neither applies, where P resides.
Proper venue for Action against court-appointed fiduciary
where the fiduciary was qualified.
Proper venue for an action for Improper Message
where message was transmitted, delivered, accepted for delivery, or mis-delivered.
Fallback provision for permissible venues:
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.
When there are multiple parties to an action, venue is proper in
(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.
A Motion to Transfer Venue must state
(i) why venue is improper, and (ii) where venue would be proper; if sustained, the court must transfer the action to a proper venue.
Motion to Transfer Venue (Circuit Court)
D must file motion within 21 days of being served, otherwise issue of venue is waived.
Motion to Transfer Venue (General District Court)
D must file on or before trial date, otherwise issue of venue is waived.
If a dismissed Defendant was either not properly joined in the original action or was joined to create venue, then
Defendant may object to venue within 10 days after Defendant whose presence created venue is dismissed.
In a divorce or annulment action, the court may transfer the action to
a proper preferred venue on own motion within 60 days of service of process on all parties.
Transfer (Forum non conveniens)
court may transfer to fair and convenient forum with jurisdiction within Virginia.
Dismissal (Forum non conveniens)
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.
Retention (Forum non conveniens)
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).
Appellate Review (Forum non conveniens)
abuse of discretion standard applies on appeal.
Forum selection provisions in contracts are
presumed valid and enforceable; rebuttable upon showing of unfairness, unreasonableness, fraud, or unequal bargaining power.
When a court transfers or retains an action subject to a venue objection,
the court may award compensation and attorney’s fees.
