New Hampshire
How Ferens v. John Deere Co. applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Civil Procedure.
New Hampshire law follows the principles of forum non conveniens as articulated in Ferens v. John Deere Co., which allows for the transfer of cases to a more convenient forum when it serves the interests of justice. The state courts prioritize the substantial connection between the chosen forum and the parties involved and the evidence presented.
New Hampshire Rule of Civil Procedure 12(b)(3) allows for dismissal or transfer of venue based on improper venue or the convenience of the parties.
The court permitted a transfer of venue citing the convenience of witnesses and accessibility of evidence.
The court upheld a dismissal for improper venue based on the principles outlined in Ferens.
The court reinforced the standard of a significant contact test for evaluating appropriate venue.
New Hampshire's approach aligns with the federal standard set forth in 28 U.S.C. § 1446, emphasizing convenience and fairness. However, New Hampshire places a more pronounced emphasis on local connections in determining venue, as compared to federal courts, which often consider broader jurisdictional bases.
Students should be familiar with Ferens as it illustrates state principles regarding venue transfer, which may appear in various forms on the New Hampshire Bar Exam.