Venue Flowchart
This is the last hurdle for a plaintiff bringing a case after SMJ and PJ, this is which district the case should
be brought in
If a court issues a
default judgement it is
binding due to full faith
and credit even if the
venue was improper.
The following rules do not apply to cases that were removed, only those filed in federal court.
These rules apply to the transferee court, the transferee court must have PJ over the defendant.
1406, applies when the
orignal (transferor) court
was an improper venue
1404, applies when the
original (transferor) court
was a proper venue
Both statutes allow for the court to
dimiss or transfer the action to another
court where it might have been
brought in the interest of justice
1391
(b)(3): If there is no
district in which an
action may otherwise be
brought any judicial
district where the
defendant is subject to
personal jurisdiction
(b)
(b)(2): A judicial district
where a substantial part of the
events or omissions giving rise
to the claim occurred, or a
substantial part of the property
that is subject of the action is
situated
Forum Non
Conveniens
When the transfer of venue under the rules is impossible, so the
proper venue must be in a different judicial system
Court can either stay or dissmiss case
(b)(1): A judicial
district where any
defendant resides if all
the defendants are
residents of the state in
which the district is
located
(C)(3): If a defendant is
not a resident of the United
states they may be sued in
any judicial district, joinder
of such a defendant is
disregarding in determining
venue for any of the other
defendants
(C)
Residency
(c)(2): Coroporation
or unincorporated
association if defendant
will be deemed to reside
in whichever district it is
subject to the courts
personal jurisdiction, and
if a plaintiff, whereever it
maintains its' principle
place of business
Factors to consider: Piper Aircraft v. Reyno
(d): Residency of a corporation: A
corporation will be deemed to reside in any
district where it has sufficient contacts for
personal jurisdiction to be conferred as though
that district was a separate state., if there is no
such district it will be deemed to reside in the
district where it has the most significant
contacts.
i. is there another forum
at all?
ii. Plaintiff's choice of
forum
iii. Where the evidence is
iv. Where the parties are
xiii. Whether the
dispute can be resolved
in one case
v. Where the witness are
vi. Access to the site of
the incident
vii. Where the witnesses
will be in the compulsory
process of the court
ix. Whether the court will
apply its own laws or an
unfamiliar body of law
x. Where the locality has
an interest in litigation
(c)(1): They shall be
deemed to reside in the
district where they are
domiciled