DRAFT CSC, Title 5. The Judiciary
 
CHAPTER 12
Venue

§ 1411.  General provisions.
§ 1412.  Admiralty and maritime.
§ 1413.  Actions brought in high court.
§ 1414.  Change of venue.

     § 1411.  General provisions.

     (1)  Except as otherwise provided, a civil action in which one of the defendants lives in the State of Chuuk Trust Territory shall be brought in a court within whose jurisdiction the defendant or the largest number of defendants live or have their usual places of business or employment.

     (2)  If an action is based on a wrong not connected with a contract, it may be brought in a court within whose jurisdiction the cause of action arose.

     (3)  An action to collect a tax may be brought in a court within whose jurisdiction the defendant may be served.

     (4)  A civil action against a defendant who does not live in the State of Chuuk Trust Territory may be brought in a court within whose jurisdiction the defendant can be served or his property can be attached.

     (5)  A civil action by or against the executor, administrator, or other representative of a deceased person for a cause of action in favor of or against the deceased may be brought in any court in which it might have been brought by or against the deceased.

          Source:  (Code 1966, § 339(a); Code 1970, tit. 6, § 101.) 6 TTC 3 § 101, modified.

     § 1412.  Admiralty and maritime.
     Suit in an admiralty and maritime matter shall be brought in the court district within which the defendant can be served, or within which his property can be attached, or, when the suit is against property itself, in the location district within which the ship, goods or other thing involved can be seized.

          Source:  (Code 1966, § 339(b); Code 1970, tit. 6, § 102.) 6 TTC 3 § 102, modified.

     § 1413.  Actions brought in the Chuuk State Supreme Courthigh court.

     (1)  An action in the Chuuk State Supreme Court high court to enforce or remove any lien upon or claim to real or personal property within the State of Chuuk Trust Territory, or to adjudicate title to any interest in such property, or any action affecting title to land within the State of Chuuk Trust Territory or any interest therein, shall be brought in the location district where the property or some part of it is located.

     (2) Any other action in the Chuuk State Supreme Court high court in which one of the parties is a resident of the State of Chuuk Trust Territory shall be brought in the location district in which one of the parties thereto lives or has his usual place of business or employment or, if the action is based upon a wrong not connected with a contract, it may be brought in the location district in which the cause of action arose.

     (3) In all other cases, actions in the Chuuk State Supreme Court high court may be brought in the location district within which any defendant can be served or his property attached.

          Source:  (Code 1966, § 339(c); Code 1970, tit. 6, § 103.) 6 TTC 3 § 103, modified.

     § 1414.  Change of venue.

     (1)  Nothing in this chapter shall impair the jurisdiction of a court over any matter involving a party who does not make timely and sufficient objection to the venue.

     (2)  If a matter is brought in the wrong venue, the court in which it is brought may, on its own motion or otherwise, transfer it to any court in which the matter might properly have been brought.

     (3)  The Chuuk State Supreme Court high court, if it deems the interests of justice will be served thereby, may hear any matter in a location district other than that in which it is brought, or may hear it partly in one location district and partly in another location district or location districts, or may transfer it from one location district to another.

          Source:  (Code 1966, § 339(d); Code 1970, tit. 6, § 104.) 6 TTC 3 § 104, modified.