Forum Selection: Venue, Forum Non Conveniens, & Removal

AuthorJennifer Duncan-Brice
Chapter 8
forum seLeCTion: venue,
forum non Conveniens, &
Definitions: Venue means the geographic location (county) where an action is heard. In general, venue is proper
where any defendant resides or where the cause of action arose. Often, proper venue may lie in more than one
county. In those cases, the choice of venue is plaintiff’s. But actions to determine title to real property or pos-
session of personal property must be brought were the property is located. And, in certain cases, a special venue
statute may confer on defendant a venue privilege that requires plaintiff to sue in a particular county.
If plaintiff selects an improper venue, defendant may have the case transferred to a proper venue. Even if the
selection is proper, defendant may request a venue change to promote party or witness convenience, or to better
obtain a fair trial. Further, based on the forum non conveniens doctrine, the court will refuse to exercise jurisdic-
tion, even if venue is technically proper, because the case may be tried more conveniently in a different forum,
either within or without the state.
A defendant may remove to federal district court any civil action brought in a state court over which the federal
district courts have original jurisdiction.
Scope of Chapter: Bases of venue; venue statutes; venue selection; transfer from improper venue; change of
venue to obtain a fair trial; forum non conveniens; removal to federal court.
Strategies and Tactics:
Venue: In theory, venue considerations should promote convenience, economy, and fairness. In practice,
however, some plaintiffs use venue selection to pick a forum advantageous for them and disadvantageous for
defendants, thereby enhancing plaintiffs’ prospects for settlement and award. Thus defendants must be ready to
challenge venue if it is warranted.
Inconvenient forum. The venue selected by the plaintiff may be proper but may be inconvenient to the defen-
dant. The court will balance the private interests of the litigants and public interests affecting the administration
of justice and only if these factors, viewed in the totality, strongly favor a different forum, will the court grant a
motion to change the forum.
Removal. Defendants use removal to force plaintiffs into a federal forum that is advantageous to them, or at least
less disadvantageous than the state forum selected by plaintiffs. Differences in the rules of practice and procedure,
the personalities and abilities of the judges, or the familiarity of opposing counsel with federal court practice
may recommend this change. Plaintiffs may avoid removal by relying only on state claims and by joining a local
IllInoIs PretrIal PractIce 8-266
defendant. Defendants must follow removal procedures exactly. And plaintiffs may have the case remanded to
state court if removal is unwarranted or defendants make a procedural misstep.
Statutes and Rules: 735 ILCS 5/2-101 through 5/2-109, 5/2-1001, 5/2-1001.5, 5/2-1103,5/3-104, 5/9-106,
5/13-217, 5/16-103, 5/17-101; SCR 187, 273, 306; 28 USC §§1441-1452.
Related Topics: Subject Matter Jurisdiction, Ch 6, Personal Jurisdiction, Ch 7; Motion Practice, Ch 14.
Forms: See digital access for the following forms:
Form 8:10, Forum Selection Clause.
Form 8:20, Motion to Transfer Venue: Improper Venue.
Form 8:30, Motion to Transfer Venue: Fraudulently Joined Party.
Form 8:40, Affidavit in Support of Motion to Transfer Venue.
Form 8:50, Motion to Dismiss for Forum Non Conveniens.
Form 8:60, Affidavit in Support of Motion to Dismiss for Forum Non Conveniens.
I. Overview
A. Nature of Venue
§8:01 “Venue” Defined
§8:02 Jurisdiction Distinguished
B. Significance of Venue
§8:10 Basic Strategy
§8:11 Home-Court Advantage
§8:12 Client Convenience
§8:13 Witness Convenience
§8:14 Demographics
§8:15 Notoriety
§8:16 Backlog of Cases Awaiting Trial
II. Determining Venue
A. General Venue Statute
§8:30 Defendant’s Residence or Place of Occurrence
§8:31 Purpose
§8:32 Multiple Defendants
§8:33 Plaintiff’s Election
§8:34 When All Defendants Are Non-Residents
§8:35 Third Party Actions
a. Individuals
§8:40 Where Defendant “Resides”
§8:41 Facts Showing Residence
8-267 Forum selectIon
§8:42 Only One Residence
§8:43 Determined at Time of Filing
§8:44 Establishment of New Residence
b. Entities
§8:50 Corporations
§8:51 Railroad or Bridge Companies
§8:52 Other Office
§8:53 Partnerships
§8:54 Voluntary Unincorporated Associations
§8:55 Doing Business
§8:60 Governing Statutes
§8:61 Meaning of Transaction
§8:62 Meaning of “Some Part” of the Transaction
§8:63 Transactional Venue vs. Doing Business Venue
B. Special Venue Statutes
§8:70 Override General Statute
§8:71 Multiple Claims
§8:72 Conflicting Statutes
§8:73 Severance
§8:74 Waiver
§8:75 Challenging Special Venue Statutes
§8:80 Forcible Entry and Detainer
§8:81 Partition Actions
§8:82 Foreclosure; Quiet Title; Possession
§8:83 River Conservancy District Eminent Domain
§8:84 Land Outside Illinois
§8:90 Administrative Review
§8:91 Attachment Proceedings
§8:92 Confession of Judgment
§8:93 Ne Exeat Proceedings
§8:94 Insurance Companies
§8:95 Libel: Newspapers and Magazines
§8:96 Replevin
§8:110 Adoption
§8:111 Banking Act
§8:112 Commerce Commission
§8:113 Corporate Fiduciary Act
§8:114 Election Code
§8:115 Estate and Transfer Taxes
§8:116 Fraud and Deceptive Business Practices

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