Venue, Transfer, and Forum Non Conveniens Flashcards
Where may the plaintiff lay venue?
In any district where all defendants reside or a substantial part of the claim arose.
Transfer of venue requirements
Transferee must be another federal district court, be a proper venue, and have personal jurisdiction over the defendant.
Exception to transfer of venue requirements
The court can transfer to any district if all parties consent and the court finds cause for the transfer.
Statute #1
If the original district is a proper venue, that court can order transfer based on convenience of parties and witnesses and in the interest of justice.
Forum-selection clause
A provision in which the parties agree that a dispute between them will be litigated in a particular place.
Statute #2
If the original district is an improper venue, it may transfer in the interest of justice.