Motion to dismiss for improper venue under Rule 12(b)(3) in United States District Court

A motion to dismiss for improper venue under Rule 12(b)(3) in United States District Court is the topic of this blog post.

A motion to dismiss for improper venue under Rule 12(b)(3) in United States District Court must be filed before any answer is filed.

Common grounds for a motion to dismiss for improper venue under Rule 12(b)(3) in United States District Court.

Common grounds for filing a motion to dismiss for improper venue under Rule 12(b)(3) in United States District Court are that the Defendant is not a resident of, and does not conduct business in, the judicial district, and therefore venue is improper.

Rule 12(b)(3) of the Federal Rules of Civil Procedure states in pertinent part that,  “(b) How to Present Defenses. Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion: (3) improper venue.”

Venue refers to the geographic specification of a proper court or courts for litigation of a civil action that is within the subject matter jurisdiction of the district courts in general.  28 U.S.C. §1390.

Burden on motion to dismiss for improper venue under Rule 12(b)(3) in United States District Court.

The Ninth Circuit Court of Appeal has stated in a published decision that once a motion to dismiss for improper venue under Rule 12(b)(3) in United States District Court has been filed the Plaintiff has the burden of establishing that venue is proper.

Whether venue is proper or improper is generally governed by 28 U.S.C. §1391.  The United States Supreme Court has stated that venue in federal court is generally governed by 28 U.S.C. §1391.

Section 1391 in relevant part provides that a “civil action may be brought in—(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). A corporation “resides” in whatever State it is subject to personal jurisdiction. See 28 U.S.C. § 1391(c)(2).

The general rule is that venue must be proper as to each cause of action.

Sample motion to dismiss for improper venue under Rule 12(b)(3) in United States District Court for sale.

Attorneys or parties that would like to view a portion of a sample motion to dismiss for improper venue under Rule 12(b)(3) in United States District Court containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service sold by the author can see below.

 

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

Over 300 sample legal documents for California and Federal litigation for sale.

To view more information on over 300 sample legal documents for California and Federal litigation visit: https://legaldocspro.myshopify.com/products

For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr.  Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.

Follow Stan Burman on Google Plus at:

https://plus.google.com/+StanBurman

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

 

 

 

 

Summary
Article Name
Motion to dismiss for improper venue under Rule 12(b)(3) in United States District Court
Description
A motion to dismiss for improper venue under Rule 12(b)(3) in United States District Court is the topic of this blog post.
Author