Forum non conveniens is a Latin term meaning a forum which is not convenient. This doctrine is employed when the court chosen by the plaintiff is inconvenient for witnesses or poses an undue hardship on the defendants. The hardship may arise from such factors as travel distance to the courthouse or presence of witnesses and evidence in another state. The defendant must petition the court for an order transferring the case to a more convenient court. A typical example is a lawsuit arising from an accident involving an out-of-state resident who files the complaint in his/her home state.
A court may use its discretion in declining to exercise jurisdiction over a matter because of the inconvenience of the forum. However, the court will only dismiss the case if there is another forum available to the plaintiff.
