Civil Procedure II (Petroski)

Flowcharts on Finetuning Location of Suit

The federal forum has personal jurisdiction over . Is venue proper?
Does action arise out of a contract with a forumselection clause specifying a particular venue?
NO

Are all s aliens?

YES

YES

If selected venue is outside U.S. federal system,

move to dismiss for improper venue.
If selected venue is within U.S. federal system,
move to transfer under 1404.

Venue proper in any

district ( 1391(c)(3)).

NO
Do all s reside in the same state?

YES

NO
Is there a district(s) where a
substantial part of the events
underlying claim occurred or where
property that is the subject of the
action is located?

YES

Venue proper in any district

in which a resides
( 1391(b)(1), (c), (d)).
Venue proper in this
district(s) ( 1391(b)(2)).

NO
Is there a district where any is
subject to personal jurisdiction or
may be found?

YES

Venue proper in any such district

( 1391(b)(3)).

Personal jurisdiction exists and venue is proper, but wants to go forward in a

different forum. Can get the forum court to dismiss?
Is the desired forum in the same system (same
state or U.S. federal system) or a different one?

SAME SYSTEM

If in federal system, move to transfer under

1404. To prevail, show:
alternative forum more convenient for
parties, witnesses
transfer to alternative forum would be in
the interest of justice
If in state court, look to state transfer
statutes; standards will likely be similar.

DIFFERENT SYSTEM

Consider moving to dismiss for forum non

conveniens. To prevail on motion, show:
is not a resident of the selected forum
proceeding in selected forum would be
oppressive to and/or administratively
inconvenient for the forum itself; weigh
private interests (access to evidence, parties,
witnesses) and public interests (congestion,
local interest and expertise).