Venue Flashcards
(10 cards)
Proper Venue
Federal district that is most convenient and appropriate location for the lawsuit
Venue is proper in a district where either:
any defendant resides if all defendants reside in that same state
any substantial part of the claim arose or the property at issue is located
Individuals reside for venue purposes where they are?
domiciled
organizations reside in any district that would have?
personal jurisdiction over them if that district were a state
Foreign citizens who do not reside in the US can be sued by?
any federal district
How to defendants object to improper venue
filing a motion to dismiss or to transfer the action to a proper venue
A challenge to improper venue must be filed by the defendant in what?
in their first response to the complaint
Defendants challenge to improper venue will be granted w/ what factors
-in the courts discretion
-for the convenience of parties and witness; and
-in the interests of justice
Failure of the defendant to file a response for improper venue in their first response to the complaint constitutes a?
waiver of the objection to venue
If there is a forum selection clause, there is?
a strong presumption that the choice of venue will be honored