Forum Non Conveniens | Practical Law

Forum Non Conveniens | Practical Law

Forum Non Conveniens

Forum Non Conveniens

Practical Law Glossary Item 5-501-5211 (Approx. 2 pages)

Glossary

Forum Non Conveniens

Latin for "inconvenient forum," this common law doctrine allows a court to dismiss a civil action (even though venue is proper and the court has jurisdiction over the case and the parties) where, among other things, litigating the action in plaintiff's chosen forum will severely inconvenience a defendant, and an appropriate alternative forum exists in which to try the action.
Forum non conveniens should be distinguished from transfer. In US federal court, forum non conveniens only arises and applies when the alternative forum is in a foreign country. In US state courts, forum non conveniens may apply when the alternative forum is located in another US state or territory, or another country.