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Civil Procedure I

PLEASE NOTE THAT this guide was created by law students to assist other law students in their preparation for the Civil Procedure 1 examination.

General Venue Statute

28 USC 1391

Venue is proper in the district in which: 

   a. the defendant resides

   b. where a substantial part of the events occurred OR

   c. if neither a nor b apply, where the defendant is found and properly served/ where the defendant is subject to personal jurisdiction

1391(c): Corporations reside where they are subject to personal jurisdiction at the time the action is commenced. 

Transfer of Venue

Must be to a jurisdiction where the case could have originally been brought and done so for the convenience of the parties/ in the interest of justice

1404- when the original venue was proper

1406- when the original venue was not proper Court can transfer to proper venue or dismiss the case. 

Forum Non Conveniens

1. Can occur at transnational or state level

2. Not proper if there is not another acceptable forum outside of the federal system

3. Private interests to consider; THE GILBERT TEST:\

      -      relative ease of access to source of proof

      -      availability of compulsory process for attendance of unwilling, and the cost of obtaining attendance of willing, witnesses

      -      possibility of view of premises, if the view would be appropriate to the action

      -      all other practical problems

4. Public Interests to consider; 

      -      court congestion

      -      local interest in having localized controversies decided at home

      -      interest of having diversity in a forum that is at home with the law that must govern the action 

      -      avoidance of unnecessary problems in conflict of laws, or in the application of foreign law

      -      unfairness of burdening citizens in an unrelated forum with jury duty