Civ Pro Flowchart 2 Venue and subject matter

Civ. Pro Flowchart 2 Venue and subject matter jurisdiction

Do for each claim PJ Yes Federal court? NO Claim presents a federal question ? Yes No Complete diversity ? Yes No Ø Yes $75 K ? No Claim justiciable? Diversity anchor Federal question anchor ? No Diversity anchor claim? Yes Common nucleus of operative fact ? Fed anchor SMJ-State Yes Claim brought by plaintiff? Yes v. party joined under rules 14, 19, 20, or 24? Yes Inconsistent with § 1332? YES NO Yes Removed from Yes SMJ-Fed Remand state court? No Dismiss

Do for each claim PJ Yes Federal court? NO Claim presents a federal question ? Yes No Complete diversity ? Yes No Ø Yes $75 K ? No Claim justiciable? YES Diversity anchor Federal question anchor ? No Diversity anchor claim? Yes Common nucleus of operative fact ? Fed anchor SMJ-State Yes Claim brought by plaintiff? Yes v. party joined under rules 14, 19, 20, or 24? Yes Inconsistent with § 1332? YES NO Yes Removed from Yes SMJ-Fed Remand state court? No Dismiss

Do for each claim PJ Yes Federal court? NO Claim presents a federal question ? Yes No Complete diversity ? Yes No Ø Yes $75 K ? No Claim justiciable? Diversity anchor Federal question anchor ? No Diversity anchor claim? Yes Common nucleus of operative fact ? Fed anchor SMJ-State Yes Claim brought by plaintiff? Yes v. party joined under rules 14, 19, 20, or 24? Yes Inconsistent with § 1332? YES NO Yes Removed from Yes SMJ-Fed Remand state court? No Dismiss

Do for each claim PJ Yes Federal court? NO Claim presents a federal question ? Yes No Complete diversity ? Yes No Ø Yes $75 K ? No Claim justiciable? Diversity anchor Federal question anchor ? No Diversity anchor claim? Yes Common nucleus of operative fact ? Fed anchor SMJ-State Yes Claim brought by plaintiff? Yes v. party joined under rules 14, 19, 20, or 24? Yes Inconsistent with § 1332? YES NO Yes Removed from Yes SMJ-Fed Remand state court? No Dismiss

Do for each claim PJ Yes Federal court? NO Claim presents a federal question ? Yes No Complete diversity ? Yes No Ø Yes $75 K ? No Claim justiciable? Diversity anchor Federal question anchor ? No Diversity anchor claim? Yes Common nucleus of operative fact ? Fed anchor SMJ-State Yes Claim brought by plaintiff? Yes v. party joined under rules 14, 19, 20, or 24? Yes Inconsistent with § 1332? YES NO Yes Removed from Yes SMJ-Fed Remand state court? No Dismiss

Do for each claim PJ Yes Federal court? NO Claim presents a federal question ? Yes No Yes Complete diversity ? No Ø Yes $75 K ? No Claim justiciable? Diversity anchor No Federal question anchor ? Diversity anchor claim? Yes Common nucleus of operative fact ? Fed anchor SMJ-State YES Yes Claim brought by plaintiff? Yes NO v. party joined under rules 14, 19, 20, or 24? NO Yes Inconsistent with § 1332? NO NO Yes Removed from Yes SMJ-Fed Remand state court? No Dismiss

Do for each claim PJ Yes Federal court? NO Claim presents a federal question ? Yes No Complete diversity ? Yes No Ø Yes $75 K ? No Claim justiciable? Diversity anchor Federal question anchor ? No Diversity anchor claim? Yes Common nucleus of operative fact ? Fed anchor SMJ-State Yes Claim brought by plaintiff? Yes v. party joined under rules 14, 19, 20, or 24? Yes Inconsistent with § 1332? YES NO Yes Removed from Yes SMJ-Fed Remand state court? No Dismiss

SMJ-State statute Confers venue? State venue is good YES FNC analysis (See Below) Dismiss or transfer NO Keep here 28 U. S. C. § 1391 SMJ-Fed NO All dfts reside here? Sig part of transactions here? YES Forum non conveniens Another effective venue? YES Keep here NO YES Public interest factors favor? NO Other venue? PJ here ? YES Private interest factors favor? YES Venue is good Fed alternative ? YES NO § 1404 xfer Dismiss

SMJ-State statute Confers venue? YES State venue is good YES FNC analysis (See Below) NO Dismiss or transfer NO Keep here 28 U. S. C. § 1391 SMJ-Fed NO All dfts reside here? Sig part of transactions here? YES Forum non conveniens Another effective venue? YES NO YES Public interest factors favor? NO Other venue? PJ here ? YES Private interest factors favor? YES Venue is bad Venue is good Fed alternative ? YES NO § 1404 xfer Dismiss

SMJ-State statute Confers venue? State venue is good YES FNC analysis (See Below) Dismiss or transfer NO Keep here 28 U. S. C. § 1391 SMJ-Fed NO All dfts reside here? Sig part of transactions here? YES Forum non conveniens Another effective venue? YES Keep here NO YES Public interest factors favor? NO Other venue? PJ here ? YES Private interest factors favor? YES Venue is good Fed alternative ? YES NO § 1404 xfer Dismiss

SMJ-State statute Confers venue? YES State venue is good YES FNC analysis (See Below) NO Dismiss or transfer NO Keep here 28 U. S. C. § 1391 SMJ-Fed NO All dfts reside here? YES Forum non conveniens Another effective venue? YES NO Sig part of transactions here? YES Public interest factors favor? NO Other venue? PJ here ? YES Keep here Private interest factors favor? YES Venue is bad Venue is good Fed alternative ? YES NO § 1404 xfer Dismiss