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Federal Rules of Civil Procedure (FRCP) QUESTION #5676
Question 1
A plaintiff brings a diversity action in federal court. The defendant, a citizen of the forum state, was served while visiting another state. The defendant moves to dismiss for improper venue under Rule 12(b)(3). The accident occurred in the forum state. Is venue proper?
  • No, because the defendant must be served in the forum state for venue to be proper.
  • Yes, because venue is proper in a judicial district where any defendant resides, if all defendants are residents of the state in which the district is located.✔️
  • No, because venue is only proper where the plaintiff resides in diversity cases.
  • Yes, but only if the plaintiff is also a citizen of the forum state.
Correct Answer Explanation
Under 28 U.S.C. § 1391(b)(1), venue is proper in a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located.