Forum non conveniens is a legal doctrine used when a chosen jurisdiction is inconvenient for witnesses or the defendant. It can be used in cases such as traffic accidents, shipping, and corporate litigation. The court considers factors such as the location of witnesses and evidence when deciding whether to grant a motion for forum non conveniens. Some countries recognize the doctrine with limitations.
Forum non conveniens is a Latin phrase which translates to a forum or jurisdiction that is not convenient. It is a legal doctrine that is most often used when the jurisdiction chosen by the plaintiff is not convenient for witnesses or creates excessive inconvenience for the defendant. When this doctrine is invoked, the defendant must ask the judge to move the case to another, more convenient jurisdiction.
One of the best ways to better understand the forum non conveniens doctrine is to look at several examples of how it is most often used during legal proceedings. For example, this doctrine can be used if a person has a traffic accident while on vacation. If the plaintiff files the lawsuit where she actually resides instead of where the accident occurred, all witnesses and defendants will be forced to travel for depositions and trial dates. In such a case, the defendant can ask the judge whether the jurisdiction can be moved to the place where the accident occurred. If granted, it will thus relieve witnesses and the defendant from traveling long distances to attend court and make the position more comfortable.
Other common examples of the forum non conveniens doctrine include shipping cases and corporate litigation. Either way, there are often many parties involved in a lawsuit. Parts often come from many different states or countries. For shipping cases in particular, lawsuits are often filed in a local court. The local court, however, may decide to apply federal law and transfer the case to a federal court on the grounds of forum non conveniens. Additionally, corporate lawsuits are often filed at the corporate headquarters. In this case, the doctrine can be invoked to move the case to the place of business.
There are several factors that help the court determine whether it should grant a motion for forum non conveniens. The location of important witnesses, records, and other relevant evidence can help the court assess whether the jurisdiction is inconvenient. Furthermore, if the defendant suffers undue hardship, the doctrine may be invoked. Most courts, however, will not change jurisdiction simply to shift the hardships from one party to another. If a particular court is not equipped to handle a particular process, the forum can also be changed.
Several countries, such as the United States, Canada and Australia, use the forum non conveniens doctrine. Other countries, such as the United Kingdom and other European Union countries, recognize the doctrine, but place serious limits on its use.
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