Civ Pro

Front 1

Venue

Back 1

a. Local actions (re ownership, possession or injury to land)must be filed in the district where the land lies.

b. Itit’s nota local action, venue is proper in any district where

i. ALL defendant’s reside OR

1. Humanreside where they are domiciled 2. Corporationresides in all districts where it is subject to personal jurisdiction when thecase if filed.

ii. A substantial part ofthe claim aroseOR iii. Fall back-provision:venue is proper

1. Ina FQ case: any district where any D “is found”;

2. Ina diversity case: any district where any D is subject to personal jx.c. Special Rule: where all D’s reside in different districtsof the same state, venue is proper in any district in which any ofthem resides.

Front 2

Venue intro

Back 2

Venue is a question of administrative convenience. Venue is determined by assessing whether a particular court has proper personal and subject matter jurisdiction and is the proper place to hear a case. A D must object to venue at the first opportunity.

Front 3

When is venue proper

Back 3

1. Where any D resides if all reside in the same state

2. Where a substantial part of the events took place

3. Fall back rule

Front 4

Transfer of Venue

Back 4

General rule is that a transfer can only transfer to another venue that would have had proper jurisdiction in the first place.

Canonly transfer to a district where a case could have been filed. That means to (1) a proper venue which (2)has personal jurisdiction over D. Mustbe true without waiver by the D.

i. If venue in theoriginal district is proper, you may transfer to another district based onconvenience of the parties and witnesses and in the interest of justice. Could should look to (1) public factors (whatlaw applies, what community should be burdened w/ jury service, and (2) privatefactors (convenience, where witnesses and evidences are)

ii. If venue in originalforum is improper, court may transfer in the interest of justice or dismiss.