LAW 607 Lecture Notes - Lecture 10: Rule 42, Compulsory Process Clause

• School: University of Illinois
• Department: Law
• Course: LAW 607
• Professor: V Winship

Document Summary

Unlike personal jdx that looks exclusively at the defendant in consideration of the state, venue looks at the overall convenience of adjudicating a case in that specific district. 28 usc 1391(c)(1) = residency is wherever one is domiciled for both natural citizens and foreign nationals. We will use the same domicile test as diversity (physical residence plus intent to remain indefinitely). Note: domicile is for entire state, residency is for one specific district alone. If corporation is d = residency is same as where corporation would be subject to personal jdx. (1) state where they are incorporated and (2) principle place of business. If corporation is p = proper venue is only in the judicial district where they have their principle place of business. Note: the concern is only about the district, not the state as a whole. A defendant can still challenge venue, even if it meets (1) subject matter jdx (2) personal jdx and (3) venue requirements.