Venue (Part II) Flashcards
Venue
Determines proper forum or geographical place for a court to hear a case
If there is a proper forum in Virginia
The case will not be dismissed solely for improper venue
D must object or issue is waived
Venue
Venue is tested
At the commencement of an action
A designated forum based on a cause of action
A Preferred venue (Class A)
Proper venue for Marriage-related actions
where the parties last cohabitated or where D resides within VA; if D is non-resident of VA, where P resides
Proper venue for Wills
where the will was or will be probated (normally where the deceased resided)
Proper venue for Virginia Torts Claims Act suits
where the claimant resides, where the act or omission occurred, or if the claimant resides outside of VA, where P resides
Proper venue for actions involving land disputes
county or city in which the land is situated.
Proper venue for a Distress action
where the premises are located or goods may be found
Proper venue for an Injunction
Circuit Court proceeding–where the judgment was rendered or pending
Gen. Dist. Court proceeding–Circuit Court where the judgment was rendered or pending
Any other proceeding–Circuit Court where the act is to be done or the proceeding is pending
Proper venue for Attachment
county or city in which the principal D has estate or debts owed to him
Proper venue for Writ of mandamus, prohibition, or certiorari
where record or proceeding to which writ relates is located (except those issued by Supreme Court)
Proper venue for Writ of quo warranto
where any D resides; if D is a corporation, where its registered office is, or where its chief officer resides; if no D in VA, venue is Richmond.
Proper venue for Attorney disbarment or suspension
where D resides, has a principal office or place of practice, resided or practiced when the misconduct occurred, or has pending cases relating to the misconduct.
Proper venue for Administrative decisions
where (i) affected party resides or regularly conducts business, or (ii) affected property is located; if none, where the violation occurred.
Proper venue for Tax disputes
where the taxpayer resides, owns property, has a registered office, or regularly conducts business; for refunds, also Richmond.
Proper venue for Public Contract Bonds
where the public project, or any part thereof, is situated.
Proper venue for Transportation district contracts
any county or city at least partly within that district.
Permissible venues (Class B) are
venues which are given lower priority than preferred venues (Class A).
General permissible venues (Class B) may be:
-where D resides or principal place of business
-where non-individual D has its principal office of place of business
-where D has a registered office or agent to receive process
-where D regularly conducts substantial business activity provided there exists a practical nexus between the forum and location of parties and evidence
-where cause of action arose
Proper venue for Delivery of Goods
where goods were delivered
Proper venue for Recovery or Partition of Property
where property is physically located or where evidence of the property is located; if neither applies, where P resides.
Proper venue for Action against court-appointed fiduciary
where the fiduciary was qualified.
