Venue Flashcards
Does VA enforce contracts clauses that impose a venue location on parties?
Yes! If it’s fair and reasonable
What are the category A venues in VA?
Local actions of land
Wills
Writs (mandamus, prohibition, certiorari)
Injunctions - where subject proceeding or judgment is pending
What is a category A venue “local land action”?
Establish boundaries of land
Recovery, partition, judicial sale
Unlawful entry to land
Where is local land action venue OK?
Where the land or any part thereof lies
Where is the category A venue for wills?
Where the will could have been offered for probate
What are the considerations for a category B venue case?
Where D resides
Where cause of action arose
D has registered office
D regularly conducts business
Where D personal property located
Will a case be dismissed for improper venue?
No it will be transferred unless it finds good cause to keep the case.
Can a case be transferred to another venue if the venue is already proper?
Yes. On motion of any party with good cause
What are discretionary factors of good cause for venue transfer?
P’s choice of forum
Agreement of parties
Substantial inconvenience to parties
Delays in transfer motion
What if a cause of action occurred out of state and brought by a nonresident of VA and there is another venue better suited to hear the case. What would the court possibly do?
Dismiss without prejudice under Forum non conveniens
