Understanding Venue and Forum Non Conveniens

When you file a lawsuit, the court that you select to file the case in is called the venue. There are a lot of rules about where a case can be filed. Many concern whether you’re in state or federal court, or whether you’re in small claims, county, or a circuit court, and some involve the decision of where, legally, a Defendant can even be sued.

Proper and Improper Venue

A Plaintiff does have the right to file a case where it wants to file it—but only if the Plaintiff has a choice of multiple legal courts. For example, if jurisdiction and venue were proper in either Palm Beach or Broward, the Plaintiff would have the legal right to file the lawsuit in either county.

But if the case is initially filed in a legally improper venue the Defendant has the right to ask the court to have the case moved to a proper venue.

Florida law says that venue is proper wherever the Defendant resides (usually, for companies, that would be wherever the company has offices or does business), wherever the cause of action actually accrued (happened), or if property is involved, whatever county the property is located in.

Nonresidents who can be sued in Florida can be sued in any location in Florida, so long as there is jurisdiction in the state to sue that nonresident defendant.

Often, multiple Defendants are sued, and they may live in different counties, or some may be subject to the courts of one location, but other Defendants may not. When that happens, all the Defendants can be sued in any court that any one Defendant could legally be sued in.

Note that all of this can be upended if there is a contract or agreement wherein the Defendant previously agreed to be sued in a certain venue or court.

What is Forum Non Conveniens?

Often, a case is filed in the correct court from a legal standpoint. But that court is not “convenient,” and it would be easier, more affordable, or more practical to have the case heard in a different court. This is called forum non conveniens.

For example, if the evidence, and the witnesses, all were located in a different court than the one where the case was filed, the Defendant could ask that the case be moved.

In some more high profile cases, where parties may be concerned that a jury may have prior knowledge about a case, or where they may have developed a prior pre-existing bias against a side, the Court can also opt to move the case to a different venue.

Courts are careful about granting these motions, because they don’t want people “forum shopping,” that is, trying to move cases to a court or location which they feel may be more favorable to their case.

Where can you file your case? Let us help. Let the West Palm Beach commercial litigation lawyers at Pike & Lustig help you with your commercial litigation case.

Sources:

flmd.uscourts.gov/motion-change-venue

casetext.com/rule/florida-court-rules/florida-rules-of-civil-procedure/rules/rule-1061-choice-of-forum