Venue (Writing Template) Flashcards
Venue
In federal court, venue relates to the proper district in which to bring an action. A venue is proper in 1) any district where ANY of the D’s reside, if all D’s are residents of that same district; OR 2) where a substantial part of the claim arose or where the property is situated; OR if no district satisfies 1 or 2, than any district where any D is subject to the courts personal jurisdiction. Here,
Improper Venue
If the original venue is improper, the court will transfer the case, “in the interest of justice” to a district that has a basis for PJ, SMJ, and Venue.
Interests of Jusitce
Transferring the action to another venue as opposed to dismissing the action would be in “the interest of justice” because. . .
SMJ - see above
PJ - see above
Venue in State B - see above.
Transfer from a Proper Venue
Even if the venue is proper, the court may transfer the case for convenience of the parties to another district where “the action might have been brought.” Thus, the new forum must have a basis for PJ, SMJ, and Venue.
Convenience
Transferring to the State B is convenient for the D because ___________. Therefore it is (or is not) in the interests of justice to transfer and not dismiss becuase __________. However, transferring for the plaintiff is not convenient becuase __________. On balance, . . .
SMJ, PJ, Venue
CA - Venue
Venue is the county in which the action may be tried. Improper venue may be waived if no timely objection is made to the venue. Here,
CA - Actions Involving Land
The proper venue for actions involving land is the county court where the land is located. Here,
CA - All Other Actions
The proper venue for all other actions are 1) in a county where any D resides OR 2) in a K action, the county where the K was supposed to be performed or where the K was entered into, OR 3) in a PI or Wrongful Death cased, where the injury occurred.
CA - Actions Against Businesses
Venue in an action against a corporation, unincorporated association, or partnership is proper 1) in a county where the K was made or to be performed or where the obligation or liability arose or where the breach occurred or where the organization has its principal place of business. Here,
CA - Transfer of Venue
A transfer can ALWAYS be made when venue is improper. Also, a transfer can be made if venue is proper if; 1) there is reason to believe that an impartial trial cannot be had in the original county OR 2) the convenience of the Witnesses and the ends of justice would be promoted by the change, OR 3) there is no judge of the court qualified to act. Here,
CA - Forum Selection Clause
Reasonable forum selections clauses in K’s are enforced in CA, thus requiring the action to be filed in another STATE. Here, (i.e. you can pick the state, but not the forum)
CA - Venue Selection Clause
Venue selections clauses are UNENFORCEABLE in CA. Here,
Forum Non Conveniens
Although venue is proper in State X, the doctrine of forum non conveniens allows a federal court, for the convenience of the parties and witnesses and in the interest of justice, to transfer a civil action to any other district where it might have been brought, or, if transfer is not possible, to dismiss the civil action. The federal court must evaluate both public and private factors in making its decision on transfer or dismissal. Here,
Public Factors
Important public factors for the court to consider are the availability of alternative forums, the plaintiff’s choice of forum, and the forum state’s interest in providing a forum for its residents. Here,
Private Factors
Important private factors for the court to consider are the convenience of the parties and witnesses, the location of the evidence, and where the cause of action arose. Here,
