Illinois Motion To Dismiss Under The Doctrine Of Interstate Forum Non Convenient
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FAQ
Typically for a court to have personal jurisdiction over a defendant, the plaintiff needs to serve the defendant in the state in which the court sits, and the defendant needs to voluntarily appear in court.
Rule 12(h) provides that a party waives an improper venue defense if it is not raised in its initial responsive pleading.Thus, unlike objections to venue, an objection on forum non conveniens grounds is not waived if a defendant fails to raise the issue in its initial responsive pleading.
Is venue proper? A motion to dismiss for improper venue is permitted by Federal Rule of Civil Procedure 12(b)(3).If you plan on filing a motion to transfer venue based upon forum non conveniens, raise that ground as an affirmative defense in your answer. Federal venue statutes are located at 28 U.S.C 1391, et seq.
Forum non conveniens is a discretionary power that allows courts to dismiss a case where another court, or forum, is much better suited to hear the case. This dismissal does not prevent a plaintiff from re-filing his or her case in the more appropriate forum.
When multiple courts have concurrent jurisdiction over a plaintiff's claims, the plaintiff may forum shop, or choose the court that will treat his or her claims most favorably. In the United States, forum shopping most typically occurs when state and federal courts have concurrent jurisdiction over a claim.
Forum non conveniens is a discretionary power that allows courts to dismiss a case where another court, or forum, is much better suited to hear the case. This dismissal does not prevent a plaintiff from re-filing his or her case in the more appropriate forum.