Venue

Question 2

Venue

Answer 2

Venue refers to the proper place for an action to be brought. Venue addresses which court among the various courts having personal and subject matter jurisdiction would be the proper forum for hearing a matter.

Question 3

General Venue Rule

Answer 3

In general, venue in a federal civil action is proper in one of the following judicial districts:

i) A judicial district where any defendant resides, if all defendants reside in the same state in which the district is located;

ii) A judicial district where a “substantial part of the events or omissions” on which the claim is based occurred; or

iii) A judicial district where a “substantial part of the property” that is the subject of the action is located.

If there is no judicial district where the action may be brought, then the “fall back” alternative is that venue is proper in a judicial district in which any defendant is subject to personal jurisdiction regarding the action. § 1391(b).

Question 4

Chance of Venue - From Proper Venue

Answer 4

District court may transfer the case for the convenience of the parties or witnesses and in the interest of justice to any other venue:

Where it might have been brought; or
To which all parties have consented.
§ 1404.

Question 5

Chance of Venue - From Improper Venue

Answer 5

When venue is improper, the district court must either:

Dismiss the case; or
Transfer the case to a proper venue (if required by interest of justice).
§ 1406.

Question 6

Forum Non Conveniens

Answer 6

The doctrine of forum non conveniens is a common-law rule that traditionally allows a court to dismiss an action, even when personal jurisdiction and venue are otherwise proper, if the court finds that:

The forum would be too inconvenient for the parties and witnesses, and
Another more convenient venue is available.