Forum Non Conveniens, Transfers

The legal theory of forum non conveniens allow a court to dismiss an action if there is substantial inconvenience as to the location/venue and there is an alternate forum available. Acapolon Corp. v. Ralston Purina Co., 827 S.W.2d 189, 191 (Mo. 1992).

In deciding whether to grant a motion to transfer/dismiss under this theory, courts consider: (1) the place of accrual of the cause of action, (2) the location of witnesses, (3) the residence of the parties, (4) any nexus with the place of suit, (5) the public factor of the convenience to and burden upon the court, and (6) the availability of another court with jurisdiction over the cause of action that would afford a forum for remedy. Chicago, Rock Island & Pac. R.R. Co. v. Riederer, 454 S.W.2d 36, 39 (Mo. 1970).

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