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6 Cards in this Set

  • Front
  • Back
Venue Rules
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.
Venue Rule; Corporations
Residence any district where subject to PJ at time action commenced.
Challenges to Improper Venue
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.
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
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.
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.