3.A. Venue & Change of Venue Flashcards
What is the federal rule for venue?
Under the federal rules of civil procedure, venue is proper in any district where:
(1) all defendants reside or where a substantial portion of the claim arose,
(2) there is subject matter jurisdiction over the claim, and
(3) there is personal jurisdiction over the parties.
If there are multiple defendants and they reside in different districts, the venue may be satisfied in any district where one of the defendants resides.
What is the special rule (under federal rules of evidence) for residence of a corporation for venue purposes?
A corporation is subject to special rules with regard to its residence for venue purposes.
Unlike a person, who is a resident of whichever district that he/she is domiciled in, a corporation is considered a resident of any DISTRICT where there is a PERSONAL JURISDICTION over the corporation.
Change of venue - what is the process?
Where venue is improper, the defendant may MOVE FOR DISMISSAL of the plaintiff’s claim. Requirements to transfer venue are: (1) the transferee court must have subject matter and personal jurisdiction and (2) the transfer must be PROPER.
The court may grant (1) the dismissal or (2) ORDER that VENUE BE TRANSFERED (assuming there is a federal district court with proper venue) if the transfer is IN THE INTERESTS OF JUSTICE.
Even if original venue is deemed “proper” how might the court otherwise exercise discretion?
District courts are afforded great discretion when deciding permissive venue transfer requests. Even if original jurisdiction is found to be proper, they may nevertheless transfer based on CONVENIENCE OF PARTIES and INTERESTS OF JUSTICE.
The interest of justice prong will consider:
Public factors: (1) court congestion, (2) local interest, (3) forum familiarity with substantive law, and (4) unfairness to jurors (if case unrelated to forum)
Private factors: (5) evidence access, (6) availability of witnesses, (7) cost to get them to forum, (8) possibility of viewing premises, (9) forum selection clause.
In California, when will a venue be transferred?
Defendant can file a motion to have transferred to proper venue, before or with answer/demurer/motion to strike.
If original venue was proper, can transfer if ALL parties consent if IMPARTIAL trial IMPOSSIBLE and for convenience of witnesses. Can also do it no qualified judge.
What is the CA rule for transfer?
May dismiss or stay action if (based on same federal factors) it would be in the INTEREST OF SUBSTANTIAL JUSTICE to hear it in forum outside California.
What is Forum Non Conveniens?
Transfer must be impossible (different country’s judicial system). Based on same factors for whether venue is in the interests of justice, can dismissal if FAR MORE APPROPRIATE AND CONVENIENT FORUM EXISTS ELSEWHERE. Not going to happen if plaintiff resides in current forum.
In California, what are the venue rules for the appropriate county?
Venue in California is organized by each of the 58 counties in the state. Different rules apply based on whether the action involved property (will be county where it is located) or a transitory action.
Transitory Action - venue is generally proper in a county where any defendant resides at filing. If all non-CA residents, venue is appropriate in any county.
Contract actions - county where the contract was entered into or performed
Tort actions - venue is proper in the county where the injury arose
Corporations - principle place of business, contract entered/perform, or breach/liability arose.
If no venue is proper following the application of these rules, then venue is proper in any county in which a court has personal jurisdiction over the defendants.
