Download Understanding Venue in Federal Civil Procedure: Rules and Considerations and more Slides Civil procedure in PDF only on Docsity! Practice Exercise 29 • Internet Jurisdiction – CB p. 773 Docsity.com On to Venue - • Venue is the third of Glannon’s “3 rings” that limit Ps choice of forum. What are the other two rings? • Why is venue required? Docsity.com VENUE REQUIREMENTS ARE PURELY STATUTORY • What is the general federal venue statute? Docsity.com VENUE REQUIREMENTS ARE PURELY STATUTORY • What is the general federal venue statute? • 28 U.S.C. §1391 Docsity.com VENUE IN FEDERAL DIVERSITY ACTIONS • Under 28 U.S.C. §1391, where can venue lie in a federal diversity action where the defendant(s) is/are natural person(s)? Docsity.com MEANING OF RESIDENCE • What if Thomas (resident of Roanoke) also has an beach house in Ocean City Maryland? Docsity.com MEANING OF RESIDENCE • Should “residence” for venue purposes be equated with domicile or citizenship for diversity purposes? • Compare ex parte Shaw, 145 U.S. 444, 447 (892) (dictum that residence and citizenship are the same) with convenience rationale for venue. Most courts seem to follow Shaw, but this is unresolved. Docsity.com §1391(b) VENUE IN FEDERAL QUESTION ACTIONS • Under 28 U.S.C. §1391, where can venue lie in a federal question action where the defendant(s) is/are natural person(s)? • Is this different from diversity actions? Docsity.com Difference in Fallback Provisions of 1391(a)(3) and 1391(b)(3) • What is the difference between “subject to personal jurisdiction” [1391(a)(3)] and “may be found” [1391(b)(3)]? • Unclear - perhaps “may be found” requires jurisdiction based on physical presence as opposed to minimum contacts; perhaps these two phrases mean the same thing Docsity.com VENUE FOR CORPORATIONS • Where does venue lie if a defendant is a corporation? Cite the relevant provision(s) of the federal venue statute. Docsity.com VENUE FOR CORPORATIONS Section 1391(a), (b), (c) • A corporation is deemed to reside in any judicial district in which it is subject to personal jurisdiction at the time the action is commenced • If the state has more than one judicial district, corporation is deemed to reside in any district within the state in which its contacts would subject it to p.j. if that district were a separate state; if no such district, where it has most significant contacts Docsity.com OBJECTING TO VENUE? • Is this waivable (like personal jurisdiction)? Docsity.com OBJECTING TO VENUE • Waivable if not made in timely manner – see FRCP R. 12(1) • 28 U.S.C. § 1406 - The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought. Docsity.com VENUE AND COLLATERAL ATTACK • “Unlike personal jurisdiction, proper venue is not a constitutional requirement for a valid judgment, and thus cannot be raised by way of collateral attack” (CB p. 783) Docsity.com
