SB 0924 | Allows civil motions for forum non conveniens change of venue |
Sponsor: | Kinder | |||
LR Number: | S3885.01I | Fiscal Note: | 3885-01 | |
Committee: | Judiciary | |||
Last Action: | 03/02/98 - Referred S Judiciary Committee | Journal page: | S309 | |
Title: | ||||
Effective Date: | August 28, 1998 | |||
SB 924 - This act codifies the common law practice of allowing change of venue due to forum non conveniens. Limited to actions accruing outside the county in which the court is located, a court shall decline jurisdiction upon a finding of inconvenience. Such motion may be made by either party or sua sponte.
The factors for determining inconvenience include the location the action accrued, location of witnesses, residence of the parties, and the convenience and burden on the court.
If the motion is granted, the court shall dismiss the action without prejudice, or may transfer the case to a convenient forum. If dismissed, the defendant must accept service of process, and waive the statute of limitations if refiled in another forum within a year. Refusal of these conditions requires reinstatement of the case in the dismissing court. Refusal of transfer permits reinstatement in the dismissing court.
This act is similar to HB 1614 (1998).
CHARLES HATCHER