Civil Procedure

Front 1

Federal Transfer of Venu
When can there be a transfer of Venue from one federal DC to another where the case could have been brought originally?

Back 1

a) When original venue is proper: court may transfer to another federal district court (upon motion), based on

(1) Convenience of parties
(2) The convenience of witnesses, and
(3) The interests of justice

Transfer should be most convenient for everyone involved.
(b) Transfer is discretionary with the court.
(c) Transfer can occur even if first venue is proper; this is based only on efficiency.
(d) Note: the court to which the case is transferred must apply the choice of law rules that the original court would have used.
b) When Original Venue is Improper: Court may 1) transfer in the interests of justice [usually] or 2) may dismiss.

Front 2

Alabama Courts – Transfer of Venue

May A D change if venue was improper at the outset?

Back 2

DF has a right to transfer to a proper venue. Court must transfer if DF makes timely motion.

Front 3

Alabama Courts – Transfer of Venue

What is the procedure if P dismissed A D and venue becomes improper?

Back 3

Court shall transfer if all remaining DFs so move; otherwise transfer is discretionary.

Front 4

Alabama Courts – Transfer of Venue
Hypo: PL files a k action in Jeff Co. against A(Lee Co.), B(Tusc. Co.) and C(Jeff. Co.). Just before trial, PL dismisses C. Can the court transfer to another county?

Back 4

Venue was proper when the action was filed (proper where any DF resides plus ancillary as to others). When C was dismissed, it became improper. If both remaining DFs want to transfer, the court must transfer. If only one DF wants to transfer, the court has discretion as to whether to transfer. In either case, the case must be transferred to a proper county (here Lee or Tusc.).

Front 5

Alabama Courts – Transfer of Venue
When the venue becomes improper, how long do you have to move to transfer?

Back 5

30 days within the venue becoming improper to move to transfer

Front 6

Alabama Venue Transfer

Suppose Venue is improper as to some PLs in an action against a Corp (but proper as to other PLs?

Back 6

the claim(s) of the PL(s) for whom venue is improper shall be severed and transferred to a proper venue.

If more than one venue is proper, the DFs may by unanimous agreement select the venue to which the claims will be transferred.

Front 7

Alabama Venue Transfer

Will the court transfer for Unfair (inconvenient) Venue?

Back 7

if you can convince court the venue is unreasonably inconvenient and unfair. This is discretionary with court.

Standard: location of parties, witnesses, evidence, and the interests of justice.

Front 8

Alabama Venue Transfer
What is Forum Non Conveniens?

Back 8

if the case should be in an entirely different system (different state or country) The original court is proper, but another court is more appropriate] court may in its discretion decline J based on such factors as:
1.relative ease of access to proof;
2. availability of compulsory process;
3. cost of obtaining attendance of witnesses;
4. administrative difficulties such as language barriers;
5. interest in having local controversies decided at home; 6. interest in litigating a cause in a forum familiar with applicable law.

Front 9

Alabama Venue Transfer

If a court determines a case should be a different system under Forum Non Conveniens, is it transferred?

Back 9

NO This is not a transfer; the case is dismissed and refilled in another court system.

This is discretionary and is a high burden.

Front 10

Alabama Venue Transfer

k’al forum selection clauses are generally enforceable unless

Back 10

1. the contract is affected by fraud, undue influence, or overwhelming bargaining power, or
2. the chosen forum is seriously inconvenient.