Wednesday, December 07, 2005

Outline - Civil Procedure - IV - Venue

Civil Procedure (2005-2006)


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.

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

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