Eaton v. Second Judicial Dist. Court, In and For Washoe County, Dept. No. 7
| Decision Date | 18 September 1980 |
| Docket Number | No. 12639,12639 |
| Citation | 96 Nev. 773,616 P.2d 400 |
| Parties | Virginia G. EATON and James C. MORLEY, Petitioners, v. SECOND JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF WASHOE, DEPARTMENT NUMBER 7, Respondent. |
| Court | Nevada Supreme Court |
Howard, Cavallera & Sferrazza by Henry W. Cavallera, Reno, for petitioners.
Sala & McAuliffe, Chartered, by Frank Sala, Reno, for respondent.
Western Oil and Gas Company, defendant below, filed a motion in the district court to dismiss petitioners' complaint. The motion contended that Nevada courts lack both in rem and in personam jurisdiction in the case. The motion also contended that the doctrine of forum non conveniens mandated dismissal. The district court dismissed the case, finding that "Montana is a much more convenient place to litigate this matter." Petitioners seek a writ of mandamus compelling the district court to vacate the dismissal.
In Buckholt v. District Court, 94 Nev. 631, 584 P.2d 672 (1978), we suggested that the doctrine of forum non conveniens is inapposite where the defendant is a Nevada corporation and does business here. Although the location of a defendant corporation in this state is significant, and should weigh heavily against the granting of such a motion, the doctrine of forum non conveniens is not limited to a single factor. The doctrine involves a balancing approach using several other factors, including public and private interests, access to sources of proof, and the availability of a view of the premises, if necessary. Additional factors include the availability of compulsory process for unwilling witnesses, the cost of obtaining testimony from willing witnesses, and the enforcibility of a judgment. Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 67 S.Ct. 839, 91 L.Ed. 1055 (1947). The court should also consider whether failure to apply the doctrine would subject the defendant to harassment, oppression, vexatiousness or inconvenience. See Swisco, Inc. v. District Court, 79 Nev. 414, 385 P.2d 772 (1963).
In balancing these factors, the mere fact that another court is more convenient for one party is not sufficient to justify a dismissal. A plaintiff may be denied his choice of forum only in exceptional circumstances when the factors weigh strongly in favor of another forum. Gulf Oil Corp. v. Gilbert, supra ; Swisco, Inc. v. District court, supra.
Furthermore, affidavits in support of a forum non conveniens motion must be carefully examined to determine the existence of the factors mentioned above. The moving party may not rely on general allegations concerning inconvenience, a view of the premises, or hardship. A specific factual showing must be made. See Swisco, Inc. v....
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