Venue

Question 1

Venue - 1. In General

Answer 1

Venue - 1. In General

• Issue - administrative convenience; is the particular court (Federal District) the proper place to hear the case?
• Objection? - D’s responsibilty to object if venue is improver and failure to do so timely results in waiver
• Claim of improper venue must be raised at the first opportunity
  
  • either a pre-answer motion to dismiss if the D chooses to file one, or the D’s anser, whichever comes first
• Venue rules for state v federal courts are completely different
• Federal venue concern which district should hear a case

Question 2

Venue - 2. General Rule

Answer 2

Venue - 2. General Rule

• Rule - federal venue is proper in a district:
  
  • where any D resides, if all D’s reside in the same state
  • where the claim arose
    
    • i.e. where a “substantial part of the events or omissions” occurred or where a “substantial part of the property” that is the subject of the action
  • if neither of the above apply, then federal venue is proper in any district where D can be served
• Note- P’s residence does not count

Question 3

Venue - 3. Residence

Answer 3

Venue - 3. Residence

• Where does D reside?
  
  • Individuals - residence means domicile
  • Business Entitiies - in every district in which personal jurisdiction exists

Question 4

Venue - 4. Special Provisions

Answer 4

Venue - 4. Special Provisions

• when a case has begun in state court and removed to federal court, venue is automaticaly proper in the federal district where the state court sits, even if that would otherwise not be so

Question 5

Venue - 5. Transfer

Answer 5

Venue - 5. Transfer (tested heavily on bar)

• General Rule - transfer is only to a distrcit with proper venue
  
  • Exception - transfer to a distrct without proper venue may occur when ALl parties consent
• Proper Venue - suit brought in a district with proper venue may be transferred for conveneience to another district with proper venue
• Improper Venue - suit brought in district without proper venue may be transferred with proper venue, or dismiss
• Choice of Law - if suit was brought in a district with proper venue and the case is trasnferred to another district, the law of the trasnferor forum controls; but if suit was brought in district that lacked proper venue, the law of the transferee court controls

Question 6

Venue - Forum Non Conveniens

Answer 6

Used when forum that is deemed most appropriate for action is state/foreign court