Civil Procedure (2005-2006)
IV. VENUE
Venue is not constitutionally mandated or designated. It is a tool within the federal system for allocating the business of the federal courts. Thus, it is waivable.
- Generally [28 U.S.C. §§ 1391(a)-(d), 1446(a)]
- If all defendants "reside" in the same State, where any defendant "resides" [§ 1391(a)]; or
- Where substantial part of events/omissions creating the case occurred, or substantial part of property that is subject of case is located [§ 1391(b)]; or
- If neither (1) nor (2) exists in the U.S. [§ 1391(c)]:
- In diversity cases, any district with PJ over any defendant
- In federal question or "other" cases, any district where any defendant is "found".
- An alien may be sued in any district. [§ 1391(d)]
- For removed actions, federal court in district and division embracing state court case came from. [§ 1446(a)]
- Residence
- Individuals – Where domiciled, place intends to permanently live. (Some courts include place currently lives even if not permanent.)
- Corporations – All districts where, treating districts as states, district court would have PJ over the corporation.
- Do not confuse the following:
- "Dwelling or place of abode" (service of process)
- "Citizenship" (diversity SMJ)
- "Residence" (venue)
- Dismissing for Improper Venue
- Defendant must use it or lose it [Rule 12(b)(3)]; and/or
- Court may dismiss or transfer to any proper venue. [28 U.S.C. § 1406]
- Changing Venue
- By motion or sua sponte, transfer to any proper and better venue [§ 1406(a)]
- Bolivia - Sua sponte transfer to more appropriate venue.
- Goldlawr v. Heiman – Transfer under § 1406(a) saves claims from statues of limitations.
- Transfer to any division within district by consent motion of all parties.
- By motion or sua sponte, transfer to any proper and better venue [§ 1406(a)]
- Forum Non Conveniens [Piper v. Reyno]
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