Connecticut General Statutes 50a-202 – Factors considered in selection of adjudicating forum
A determination of the adjudicating forum shall be made in consideration of the following factors:
Terms Used In Connecticut General Statutes 50a-202
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Plaintiff: The person who files the complaint in a civil lawsuit.
(1) The interests of justice among the parties and of world-wide justice;
(2) The public policies of the countries having jurisdiction of the dispute, including the interest of the affected courts in having proceedings take place in their respective forums;
(3) The place of occurrence, and of any effects, of the transaction or occurrence out of which the dispute arose;
(4) The nationality of the parties;
(5) Substantive law likely to be applicable and the relative familiarity of the affected courts with that law;
(6) The availability of a remedy and the forum likely to render the most complete relief;
(7) The impact of the litigation on the judicial systems of the courts involved, and the likelihood of prompt adjudication in the court selected;
(8) Location of witnesses and availability of compulsory process;
(9) Location of documents and other evidence and ease or difficulty associated with obtaining, reviewing or transporting such evidence;
(10) Place of first filing and connection of such place to the dispute;
(11) The ability of the designated forum to obtain jurisdiction over the persons and property that are the subject of the proceedings;
(12) Whether designation of an adjudicating forum is a superior method to parallel proceedings in adjudicating the dispute;
(13) The nature and extent of litigation that has proceeded over the dispute and whether a designation of an adjudicating forum will unduly delay or prejudice the adjudication of the rights of the original parties; and
(14) A realigned plaintiff‘s choice of forum should rarely be disturbed.