Upgrade to remove ads
Only $35.99/year

Venue

Terms in this set (11)

Venue
Region (judicial district) within a particular state where suit can be brought
In any action venue is appropriate in
(1) District where any Defendant resides, if all reside in same state; (2) District where a substantial part of the events or omissions (or property) giving rise to the claim occurred; or (3) District where any Defendant would be subject to PJ (last resort)
Residency of Ds - If all reside in same state
Venue proper in district where any single resident resides
All other Defendant (no human) reside
In every district in which they are subject to PJ for that suit
If Defendants reside in multiple states
Proper venue will always be at location of the harm
Venue Gap Filler
If there is no other district in which the action could be brought - then its the district in which any D would be subject to PJ
Transferring Venue [Rule - 3 reasons]
Court may transfer any action to any other district in which it may have been brought [not state or foreign courts] for:(1) convenience, (2) agreement, (3) interest of justice
Transfer - Convience
If the case could have been filed there in the first place and transfer is necessary for the Convience of the parties and/or witnesses
Transfer - Agreement
If all parties join the request to transfer, the court does not need to consider PJ or venue (if they agree they are consenting)
Transfer - Interest of Justice
If the case was filed in an improper venue, the court can dismiss the case or in the interest of justice, transfer it where it could have been filed originally
Forum non conveniens
If the most convenient forum is not in the US, the court cannot transfer the case, but can dismiss it without prejudice so the Plaintiff can refile in the proper country.
Students also viewed