A mind mapper’s checklist for proper venue in federal court

For instance, a federal court sitting in California may have jurisdiction, but which district court in California should hear the case?  It is a lawyer’s task to determine where the correct venue lies.  A mind map checklist will be very helpful for a lawyer in making this calculation especially since the rules are statutory and easy to follow.  The rules are laid out in a way whereby a lawyer, using the mind map, could simply follow along the statutes and check off which apply to their case.  Without using a mind map though the lawyer may find the task a bit more daunting, especially because the law is not found all in one place.  Putting the law, and the specific claims facts into the mind map, would aid the lawyer tremendously. 

of creating a template mind map that the lawyer could use for all their federal court cases.  This master mind map could consist of the rules and the actual checklist while each specific mind map could be tailored to each specific case.  The opportunities are limitless and the process, once done, could save the lawyer much time and alleviate the problem of guess work.  Practicing law is all about efficiency--so why not become a mind mapping lawyer!

the lawyer could consider inserting the following rules into the mind map.  Obviously, the lawyer could change and make the rules their own.  But this information provides an example of what should probably be included.

●      Generally: venue is proper in a judicial district where any defendant resides, if all reside in same state; or, a district in which a substantial part of the events or omissions of claim occurred, or where a substantial part of the subject matter property is located.  Otherwise, in any district where a defendant may be found if claim is one of federal question or in diversity cases, where any defendant is subject to personal jurisdiction.  Consider using a variety of icons or images here, possibly specific to your case, to aid in your understand of how venue generally applies.  See the example mind map.

●      Residence: domicile for individuals and for corporations, wherever subject to personal jurisdiction (look where it has most significant contacts if multiple districts).  For partnerships and associations, residence is where it is doing business.  An image of a house or corporation would be great here!

●      Special issues:  (See the example mind map for how icons are used for the special issues)

○      Aliens: venue in any judicial district (includes alien corporations).

○      Federal officials: in a judicial district where the defendant resides, a substantial part of the claim arose, or where the plaintiff resides if no real property is involved

○      Local actions: concerning title to real property, venue proper in district where any property located.

○      Cases removed from state court: venue proper in district where state action was pending.

○      Federal Tort Claims Act: venue proper either in district where plaintiff resides or where act or omission occurred.

●      Objection: Insert a stand out icon or image to draw your attention to objections (see example) as venue can be waived if not asserted in a timely manner, i.e., raised in a pre-answer motion to dismiss, a responsive pleading, or a motion for failure to state a claim.  Maybe a warning sign or stop sign or something similar, inserted into the mind map, would be beneficial here.

there are special rules for changing venue, which should be created on a separate mind map.  The lawyer probably does not want to complicate their mind map and so should have at least two: one for where venue is proper originally and one concerning how to change venue.  See example in accompanying mind map.  Also, a lawyer should insert whatever facts are particular for the individual case so as to make the checklist/brainstorming mind map as useful as possible.