Venue Flashcards

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1
Q

if we know that we can sue this defdnatn in VA (PJ) and we know which VA court is proper (SMJ) - where in VA do we file?

A

this is a question of proper venue!

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2
Q

do VA courts enforce a forum selection clause?

A

a forum selection clause is a contractual provision that says that a case must be filed in a particular place

VA does uphold this if it is
(1) fair; and
(2) reasonable

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3
Q

there are two different categories as to venue - what are they?

A

Category A venue; and
Category B venue

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4
Q

what cases fall within Category A venue?

A

1) certain land actions
2) wills
3) writs
4) injunctions

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5
Q

what cases fall within Category B venue?

A
  • anything not falling within category A
  • where D resides/princpal place of employment
  • where cause of act arose
  • where D has registered office or appointed agent
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6
Q

4) injunctions

A

Where the subject proceeding or judgment is pending or was rendered, or where the subject act is to be done, is being done, or is apprehended to be done.

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7
Q

1) certain land actions - “local action”

A

land actions are cases for:
- the recovery, partition, or judicial sale of LAND;
- to establish boundaries; for unlawful entry or detainer of land;
- to subject land to a debt;
- to quiet title to land or remove an encumbrance on land

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8
Q

where is venue ok in land actions?

A

venue is ok where land or any part thereof lies

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9
Q

2) wills

A

cases to establish or impeach a will SHOULD be brought where the will was probated; OR
- if not yet probated - where it could have been offered for probate

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10
Q

3) writs

A

For mandamus, prohibition, or certiorari –> lay venue at the place where the proceeding to which the writ relates is located.

  • mandamus –> for example, forcing an officer to perform a ministerial act
  • prohibition –> for example, stopping lower court from exercising jurisdiction
  • certiorari –> for example, basically for review of zoning decisions
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11
Q

what cases fall within Category B venue?

A

1) anything not falling within category A

2) where D resides/principal place of employment
3) where cause of action arose (or any part therof)
—– includes where the contract was (a) made and (b) to be performed

4) where D has registered office or appointed agent

5) where D regularly conducts substantial business activity (case itself must have practical nexus with the place)

6) in case to recover personal property - where the property is located

7) in case against fiduciary appointed under court order - where fiduciary qualified

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12
Q

when must objection to venue be filed?

A

CIRCUIT COURT - 21 days after service (unless court extends time for which to file a responsive pleading)

GDC - no limit (on or before the date of trial)

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13
Q

where is venue ok if you have multiple defendants?

A

if venue is ok for one defendant –> it is ok for all (I.e. if one D resides in NJ - then NJ is a proper venue for all the other D’s - even if they don’t reside there or have any contacts with it)

**EXCEPTIONS – if one D is entitled to Category A venue - then they can object and venue can be TRANSFERRED HERE

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14
Q

what if a defendant (whose facts we used for the current selected venue) is dismissed from the case (claim is dismissed against them ) - what happens?

A

If venue is not otherwise proper in the state (i.e. it was only proper based on D1) the other defendant (D2) can object to menu BUT must do so within 10 days of dismissal of the party

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15
Q

what must D2 do when objecting to venue after dismissal of D1 (controlling venue)?

A

D2 must show that D1 was joined improperly OR simply to create venue

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16
Q

if all defendants are non-residents of VA - where may plaintiff lay venue?

A

where the Plaintiff resides - if there is a VA co-defendant - then you must be proper as to her

17
Q

what happens when case is filed in an improper venue?

A

even if the D did object to venue in a timely manner and was right - the court would nOT dismiss the case - ut would instead TRANSFER to a proper venue in VA - UNLESS it fins good cause to keep the case

18
Q

when can a case that is filed in proper venue be transferred?

A

if a case was originally placed in a proper venue - it can be transferred on motion of ANY party to another venue in VA

19
Q

what must the court find when transferring case from a proper venue?

A

the court must find GOOD CAUSE FOR TRANSFER

20
Q

what are the factors that are relevant when determine “good cause” for transfer from a proper venue?

A

Factors relevant to good cause that the court weighs are:
(1) the plaintiff’s choice of forum (i.e. party had right to sue here)
(2) agreement of the parties (i.e. forum selection clause);
(3) the avoidance of substantial inconvenience to parties or witnesses,
(4) any delay in party’s seeking transfer, etc.

***The decision about transfer is vested in the court’s discretion

21
Q

transfer is DIFFERENT from FORUM NON CONVENIENS

A

if the cause of action ACCRUED OUT OF STATE and is BROUGHT BY A NONRESIDENT OF VA, and there is A MORE CONVENIENT VENUE OUTSIDE OF VA - -a court might dismiss WITHOUT PREJUDICE

22
Q

what must a court find in order to dismiss without prejudice on grounds of forum non convenient?

A

the court must find:
(1) good cause; and
(2) that the other court has jurisdiction

In granting the motion, the court may condition the dismissal on stated conditions (for example, that the defendant not raise certain defenses).