1L Civ Pro Venue
Card Set Information
1L Civ Pro Venue
1L Civ Pro Venue
Civ Pro Venue
place of trial in an action within a state; where
a lawsuit should be heard
A) Distinct from
a court’s authority to adjudicate a case
Do not look at venue until PJ and SMJ have been established.
NC venue statute?
I) Can be tried in any county in which P or the D or any of them reside at its commencement OR
Biggest difference between federal and NC venue statutes?
A) NC Statute
considers where the P resides.
Federal statute does not care about the P.
considers where a “substantial part of the events or
giving rise to the claim occurred or where a substantial part of
that is the subject of the action is situated”
C) NC allows
interlocutory appeals for venue!
like for PJ)… it’s a SUBSTANTIAL right
1391(a)—Diversity citizenship (1332) Proper venue
(1) District where
any D resides, if all D reside in the same state OR
(2) District where a substantial part of the
events or omissions giving rise to the claim occurred OR District where
a substantial part of property that is
the subject of the action is situated OR
(3) D where any D is subject to PJ at the time the
action is commenced (a last resort, catch-all).
2 important criteria/concerns for federal venue?
1. Residence of D
2. Location of the
transaction that gives rise to the dispute
§ 1391(b)—Federal question (1331) Proper Venue—
where any D resides, if all D reside in
the same state OR
where a substantial part of the events
or omissions giving rise to the claim occurred OR where a substantial part of property that is the
subject of the action is situated OR
where any D may be found
§1391(c)—Corporation: deemed to reside in any judicial district subject
to PJ at the time of action is commenced (same as 1331 requirements).
Venue is proper --> Transfer by § 1404 (Convenience)
A) Either party
may request a transfer (or a court can by sua sponte). Can be raised at a reasonable
B) The court can
consider justice and the convenience to the witnesses and the parties.
A case may be
transferred to any district where the action might have originally been
I) D can
NOT consent to a district where P
could not have brought action originally
D) Law of
original forum will control.
is no opportunity for forum shopping.
SMJ, and PJ must be proper in both venues.
Forum non conveniens
Venue is proper but inconvenient to D
★ The first requirement is that
venue is proper in the initial forum
and there is an alternative proper venue available that is more convenient
where P can obtain relief.
(1) If not other
proper venue… the case must be heard at original venue
II) The case is
dismissed and must be re-filed in either another country or another state
III)Only available to the defendant.
Jurisdiction over the D who filed
Law of new
The fact that
a new venue might be less favorable to P is not a bar to FNC—
Venue IMPROPER--> Dismissal or Transfer to § 1406 (Right)
to dismiss for improper venue
—used by the defendant. This is a “use it or lose it” motion. The
ight is waived if not within the initial response by D.
to any district or division in which it could have been brought for the
“interest of justice”
(1) Law of the
new forum will apply in this situation.
(2) Is used by
: the P will make the argument that the SOL or PJ is waived (thus
having to remain in P’s chosen forum) because the D moves for FNC. Thus, the courts
may choose to condition FNC dismissals on a D's waiver of defense to being sued
in the foreign forum.
NC Venue Statute:
1. If both D and P reside within the state--> venue proper in county of either
2. D does not reside within the state --> county of P's residence
3. Neither D and P reside within the state --> whatever county P files suit