Venue I. Test For Determining Proper Venue A. Has Venue been Waived 1. Forum Selection Clause 2.

Failure to Object a. If the party filed and answer without challenging venue the challenge is waived under Rule 12(h) B. Special Venue Statues 1. Title 28 U.S.C. a. United States as defendant (§1402) b. Federal Interpleader (§1397) c. Copyright and Patent actions (§1400) d. Shareholder Derivatives Suit (§1401) e. Alien Defendant (§1391(d)) 2. Other Federal Statutes a. Federal statutes may have a special venue provision C. General Venue Statute (28 U.S.C. § 1391) 1. First Test: a. Do all defendants reside within the same state? 1. Identify residency a. Individuals: i. Domicile b. Corporations: i. Any district where they are subject to personal jurisdiction c. Unincorporated Associations i. Wherever they do business d. Alien/Foreign Corporations i. Any district 2. If all defendants reside in the same state, venue is proper in a district where any of the defendants reside 2. Second Test: a. Venue is appropriate in a district where a substantial part of the events or omissions giving rise to the claim 3. Fallback Provision a. Diversity cases 1. District where any defendant is subject to personal jurisdiction b. Non-diversity cases 1. Where any defendant can be found II. Transfer of Venue A. Established under §1404 1. Matters can be transferred for the convenience of the parties and the interests of justice

Private 1. Strong Private and Public interests in favor of the alternate forum a. Factors In Moving Forum 1. Venue can be transferred by the court if the original venue was improper 2. Public 1. the D can move to dismiss B. Availability of sources of proof b. Forum Non Conveniens A. Whether the dispute is likely to be decided under the local law of the forum . The intention of the statute was to provide a mechanism for the court to achieve convenience for defendants B. Availability of other parties 3.2. expedites judicial economy. Definition 1. Avoids dismissals for improper venue. Location of the events giving rise to the case 2. Transfers can be made to a forum where the suit might have been brought 3. Whether the dispute involves local people or events 2. When a P chooses a forum that is excessively inconvenient for the D. Adequate Alternate Forum 2. §1406 1. but mainly avoids issues regarding statutes of limitation III.

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