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Venue And Forum Non Conveniens Outline

Law Outlines > Civil Procedure I Outlines

This is an extract of our Venue And Forum Non Conveniens document, which we sell as part of our Civil Procedure I Outlines collection written by the top tier of Thomas Jefferson School Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Civil Procedure I Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

I.

VENUE AND FORUM NON CONVENIENS A. VENUE

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General o Place within a judicial jurisdiction in which a case is to be tried o Aimed at the selection of the most convenient and logical court within a given court system o Determined by statute, but parties can stipulate or contract to an otherwise improper venue o Objections are waived unless timely asserted o Improper venue does not subject a judgment to collateral attack

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1391(a)(b) - Diversity & Non-Diversity Cases o District where the D resides (if all D's reside in same state) o District in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated o District in which any defendant is subject to personal jurisdiction at the time the action is commenced, if there is no district in which the action may otherwise be brought

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1391 - Federal Court Venue (Fallback/Catch-all) o If all defendants reside in the same state, a judicial district where any defendant resides o

A judicial district where a "substantial part of the events giving rise to the cause of action occurred"; OR

o If (1) & (2) don't apply, in any judicial district where at least one defendant is subject to personal jurisdiction.

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1391 (c) - Corporations o Corporation resides wherever it is subject to PJ o If the state consists of multiple judicial districts:
? Resides in any district within the State in which its contacts would be sufficient to subject it to PJ if that district were a separate State

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1391 (d) - Aliens o In suits against aliens, venue is proper in any federal district

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Objecting to Venue o Must be asserted in responsive pleading or motion

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