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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:




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


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


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.


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


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


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

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