4 Indicators of Proper Venue of Action
Under Rule 16 of the Rules of Court, that the venue has been improperly laid is available as an affirmative defense. What determines propriety of venue? Venue of an action actually depends upon:
[1] The nature of the action. Is the action in personal or real?;
[2] The residence of the parties or the situs of the property in litem. Where do parties reside? Where is the res in litem located?;
[3] The stipulation of parties. Have the parties stipulated a restrictive or permissive venue?; and
[4] The law. Does the law provide a venue of action?
[1] The nature of the action. Is the action in personal or real?;
[2] The residence of the parties or the situs of the property in litem. Where do parties reside? Where is the res in litem located?;
[3] The stipulation of parties. Have the parties stipulated a restrictive or permissive venue?; and
[4] The law. Does the law provide a venue of action?
NOTES ON VENUE AND JURISDICTION: https://www.projectjurisprudence.com/2018/11/notes-on-venue-and-jurisdiction.html.
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