Section 3.32 Forum Non Conveniens
Library | Civil Trial Practice 2015 Supp |
5. (§3.32) Forum Non Conveniens
Willman v. McMillen, 779 S.W.2d 583 (Mo. banc 1989), held that the doctrine of forum non conveniens does not apply to a case involving Missouri parties and a Missouri cause of action. See also State ex rel. Sharp v. Romines, 984 S.W.2d 500 (Mo. banc 1999) (holding forum non conveniens inappropriate in intrastate matters). But Willman does not rule out an application of the doctrine to a case in which a party is a resident of another state or another country or a case in which the cause of action arose outside of Missouri.
The following is a nonexclusive list of the factors to be considered in applying the doctrine:
· Place of accrual of the cause of action
· Location of witnesses
· Residence of the parties
· Any nexus with the place of the suit
· The public factor of the convenience to and the...
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