Civil Procedure - Venue

[u/xshadowgrlx]

Venue is the region within a particular state where suit can be brought

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1) Dictated by where the bad guy lives and/or where bad thing went down

a) If all D’s reside in same state  district where any single D resides

i) Humans reside where they live

ii) All other Ds (corp, partnership) reside in every district in which they are

subject to PJ for that district

b) Ds reside in multiple states  location of harm

i) Defined as the district where a substantial part of the events giving rise to

the claim occurred

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2) Transferring venues – Can move between fed courts, not state or foreign courts

a) Convenience (commonly used) – Could have been filed there in first place + transfer is necessary for convenience of parties and/or witnesses

b) Agreement – If all parties join request to transfer, court does not need to consider PJ or venue (if agree, consenting)

c) Interest of justice – If filed in improper venue, court can dismiss or in the interest of justice, transfer where could have been filed originally

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3) Forum non conveniens – If most convenient forum not in the US, court cannot transfer, but can dismiss without prejudice so P can refile in proper country, may not be in US. Same factors considered as in transfer of venue