In what situation can a motion to transfer venue be filed based on forum non conveniens?

A motion to transfer venue based on forum non conveniens is appropriate when it serves the interest of justice. This principle allows a court to decline to exercise its jurisdiction because the chosen forum is not convenient or is otherwise unsuitable for the case at hand, despite having proper venue.

The rationale is that a court should strive to ensure that legal disputes are resolved in a location that is most convenient for the parties involved and where the evidence and witnesses are readily accessible. This consideration is central to the forum non conveniens doctrine, which weighs various factors such as the location of the witnesses, the ease of access to evidence, and the potential burden on the defendant.

The other considerations mentioned, such as agreement from the plaintiff or improper venue, do not generally encapsulate the foundation for filing a motion under this doctrine. While a defendant's convenience can play a role in the court's analysis, it is not the sole criterion; rather, the overall justice of the situation is paramount, leading to the conclusion that the motion is justified when it serves the interest of justice.