— Also termed forum inconveniens. [Cases: Courts 28; Federal Courts 45. C.J.S. Courts §§ 68–69.]
“Forum non conveniens allows a court to exercise its discretion to avoid the oppression or vexation that might result from automatically honoring plaintiff’s forum choice. However, dismissal on the basis of forum non conveniens also requires that there be an alternative forum in which the suit can be prosecuted. It must appear that jurisdiction over all parties can be secured and that complete relief can be obtained in the supposedly more convenient court. Further, in at least some states, it has been held that the doctrine cannot be successfully invoked when the plaintiff is resident of the forum state since, effectively, one of the functions of the state courts is to provide a tribunal in which their residents can obtain an adjudication of their grievances. But in most instances a balancing of the convenience to all the parties will be considered and no one factor will preclude a forum non coveniens dismissal, as long as another forum is available.” Jack H. Friedenthal et al., Civil Procedure §§ 2.17, at 87–88 (2d ed. 1993).
