Civ Pro (3) - Venue

by Khan KIM
Proper venue
A judicial district venue is proper (1) any district where any defendant resides if all defendants reside in the same state, or (2) a district where the substantial part of event (omission) or property (subject of the action) is exist. (3) If no district satisfies (1) or (2) above, then venue is proper in any district where any defendant is subject to the PJ for the claim.


Corporate Venue
For venue purposes, (1) an individual resides in the district of their domicile. (2) A corporation resides in any district where it is subject to PJ with respect to the claim.
[CORPORATION's residency in MULTI DISTRICT STATE] In a state with multiple district, each district is treated as if it were a separate state for venue purpose, and the corporation is deemed to reside in any district where its contacts would be sufficient to establish PJ in the district.

For actions not covered by the specific venue rules, venue is proper in any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action.


Change of Venue (Inconvenience to Parties or witness)
Even if venue is proper, transfer is permitted when the parties or wittnesses would be greatly inconvenienced by the trial in the original forum.


Transfer of Venue
For a defendant to successfully request a transfer of venue, they must demonstrate one of two things
If the venue chosen by the plaintiff is improper, in such cases, the action can be transferred to a venue that is both proper and possesses Subject Matter Jurisdiction and Personal Jurisdiction over the involved parties.
Even if the venue is proper, a transfer can still be made in the interests of justice, prioritizing the convenience of parties and witnesses. In this situation, the case can be moved to any district where it could have originally been filed or where all parties consent to the transfer.

(1) Whether venue was proper → the venue is improper or even if it is proper but the defendant wants transfer (insisting justice and convenience) → (2) P should prove whether new venue (court) has SMJ&PJ (= SMJ or PJ rule and analysis).

Forum selection clause is valid under FRCP. Forum can select its own choice of law.


Forum non conveniens
A court may dismiss if there is a more appropriate forum, including another country. Public factors include: applicable law and the burden of trial. Private factors include convenience to the parties, and location of evidence and witnesses.
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이전 07화Civ Pro (2) - PJ