Venue Flashcards
What is venue in general?
Venue concerns which court among the courts having personal and subject matter jdx is the proper forum for hearing the matter. For cases in federal court, the issue is determining the proper geographic district in which the trial should occur. Each state has at least one federal judicial district; some have up to four. Venue requirements are statutory and are intended to ensure the parties a fair and convenient forum for litigating their dispute.
How do local and transitory action affect venue?
The common law created a distinction between local and transitory actions for the purposes of venue. In general, local actions involve title to property and are required to be brought in a court where the property is located. Transitory actions involve a cause of action based on events that could have taken place anywhere. Many state venue statutes continue to apply this distinction, but the federal courts determine venue without regard to whether the action is local or transitory.
What is the general venue rule?
In general, venue in a federal civil action is proper in only one of the following judicial districts:
- A judicial district in which a ‘substantial part of the events or omissions’ on which the claim is based occurred, or where a ‘substantial part of the property’ that is the subject of the claim is located; or
- a judicial district in which any defendant resides, if all defendants reside in the same state in which the district is located.
If there is otherwise no judicial district in which 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.
What is the definition of residence for natural persons for purposes of venue?
for venue purposes, a natural person, including an alien lawfully admitted for permanent residence in the US, is deemed to reside in the judicial district where that person is domiciled.
Where is a DEFENDANT business said to reside for purposes of venue?
A D that is an entity with the capacity to sue and be sued, regardless of whether incorporated, is deemed to reside in any judicial district in which the entity is subject to personal jdx with respect to the civil action in question.
In a state that contains multiple districts and in which a D corporation is subject to personal jdx at the time the action is commenced, the corporation ‘shall be deemed to reside in any district in that state within which its contacts would be sufficient to subject it to personal jdx if that district were a separate state.’ If there is no such district, the corporation is deemed to reside in the district with which it has the most significant contacts.
What is an example of venue for defendant corporations?
A corporation is incorporated in Delaware, has its principal place of business in Colorado, and maintains a regional sales office in Orlando, but conducts no business anywhere else in Florida. If the corp is sued, then for federal venue purposes it will reside in the district of Delaware, the District of Colorado, and the Middle District of Florida. NOTE: no other district in FL has proper venue.
Where is the PLAINTIFF corporation said to reside for purposes of venue?
Plaintiff entities are deemed to reside only in the judicial district in which it maintains its principal place of business.
How does venue and diversity jdx interact for partnerships and unincorporated associations?
with respect to partnerships and unincorporated associations, the ‘entity’ approach is taken only for venu purposes. It does not apply for purposes of determining diversity jdx, when a partnership or unincorporated association is considered a citizen of each state in which each of it partners or members is domiciled.
Where are non-residents of the US considered to have residency for purposes of venue?
A Defendant who is not a resident of the US may be sued in any judicial district, but the joinder of such a defendant is disregarded when determining proper venue with respect to other defendants.
How is venue objected to?
An objection to improper venue, unlike an objection regarding subject matter jurisdiction, may be waived by the parties, and it is automatically waived if not asserted in a timely manner.
When is an objection to venue timely?
Venue must be objected to/asserted in a pre-answer motion or the first responsive pleading in order to be timely.
(Venue must be objected to in a pre-answer motion to dismiss under 12(b)(3) or in the first responsive pleading if no 12(b)3) motion is not filed)
In California, what does venue refer to?
In CA, venue refers to the county in which an election may be tried.
In CA, how is venue determined for transitory actions?
In actions in which the claim arose elsewhere:
-Venue is proper in the county where the defendant resides at the time the action commences. If no defendant resides in CA, then venue is proper in any county
In CA, certain types of actions have specific venue rules; What are the venue rules for Contracts and personal injury/wrongful death actions?
In contract actions, venue lies in either the the county where the contract was executed or the county of performance
In personal injury or wrongful death actions, venue lies in the county where the injury occurred
CA: in mixed actions, how is venue determined?
In actions subject to multiple venue rules, venue generally lies in the county where any defendant resides absent a compelling reason to conduct the trial in another county.
