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Venue - Coggle Diagram
Venue
Venue Transfer
District court can transfer venue for the convenience of parties and witnesses, and in the interest of justice, to any judicial district:
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Venue is valid:
If all defendants reside in forum state, where any one of them resides; or
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Residence
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Business Entities: Deemed to reside in any judicial district where the entity is subject to Personal Jurisdiction with respect to the action in question.
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A district where there was a substantial part of the events, or substantial part of the property; or
An objection to improper venue must be raised in a pre-answer motion to dismiss, 12(b)(3), or in the first responsive pleading
If neither of the above, then any district where defendant is subject to Personal Jurisdiction.
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Forum Non Conveniens
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The defendant ordinarily bears the burden to displace the plaintiff's chosen forum, unless the plaintiff is a foreign citizen
Forum Selection Clauses
When transfer sought based on forum selection clause, the clause is enforced.
Set aside only upon a strong showing that transfer would be unreasonable and unjust or that the clause was invalid for reasons such as fraud.
A forum selection clause should be given controlling weight in all but the most exceptional cases, even if the clause is unenforceable under applicable state law.