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Latin. An unsuitable court. The term forum non conveniens refers to the discretionary power of a court to decline jurisdiction when the convenience of the parties and the ends of justice would be better served if the action were brought and tried in another forum. Forum non conveniens considerations allow the trial court to engage in a discretionary balancing of factors in order to determine the most appropriate forum for the litigation. If venue and jurisdiction are proper, a court still cannot accept jurisdiction if the location for the case is extremely inconvenient. If the proper forum is another country, the court must dismiss the action. If the forum non conveniens problems can be resolved by transfer, the court may not dismiss the suit. The defendant makes the motion and must show that the plaintiff selected an extremely inconvenient location. This is a balancing process that a court goes through to decline to exercise jurisdiction when it would be unfair to try the matter before the initiating court and it would be more convenient and more proper for all parties to try the matter in another court in another jurisdiction if that court does in fact have jurisdiction ...
