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6 Cards in this Set
- Front
- Back
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Venue Rules
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1) Where all D's reside
2) Where the claims arose If neither 1 or 2 provide venue, a. Diversity; any district where any D subject to PJ b. Fed. Q; any district where D can be found. |
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Venue Rule; Corporations
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Residence any district where subject to PJ at time action commenced.
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Challenges to Improper Venue
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Pre-Answer motion 12b or answer, if neither, then waived.
If removal, removed from State to Fed. ct. of district where state action was pending. |
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Change of Venue
Forum Non-conveniens. |
Inconvenient Forum: Court discretion to dismiss, even if forum proper, burden on D.
Convenience of parties State Interest Foreign Interest |
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Change of Venue
Transfer BLL |
Court may transfer a suit to any other district where the suit orig. might have been grought, for the convenience of parties, interests of justice.
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Change of Venue
Transfer - Factors |
Ends of justice require and there is an alternate forum OR
All Parties consent Other; Residence of parties, location of witnesses, cost. |
