Venue Flashcards
How can venue be waived?
The venue can be waived by the parties and venue is waived unless a timely objection is filed made to an improper venue
What is venue?
Venue is where within a state or geographic district, the original proceeding is to be located.
What does local v. transitory action mean?
Venue is proper in the county where the claim arose or when the land in the dispute is located.
What are the five factors of local v. transitory actions?
The five factors are:
1. D’s and P’s residence, or place of business
2. Economic burden on parties
3. Where the cause of action arose
4. Readiness of the evidence
5. Venue contract
What is the transfer of venue?
Improper venue can be transferred from one state court to another within the forum state.
*It cannot be transferred outside because that would be a different judicial system
What is forum non conveniens?
A court may dismiss the original case in the interest in justice if there is a far more appropriate forum in a different judicial system.
*The court dismisses because courts cannot transfer to another judicial system
For federal court, when is venue proper in?
Venue is proper in:
1. A district in which the defendant resides if all the defendants reside in the same state;
2. A district in which a substantial part of the events or omissions occurred, or in a substantial part of the property that is subject to the action is situated; or
3. In any district where the defendant is subject to territorial jurisdiction
For venue purposes, what does residence mean?
Residence for a natural person is the district where the defendant is domiciled. Whereas a corporation, resides in any district where it is subject to territorial jurisdiction
What is the big picture in venue?
Venue or physical courthouse is where the case can be heard at
