private interest factors in Illinois

2024The private interest factors include “ ‘(1) the convenience of the parties; (2) the relative ease of access to sources of testimonial, documentary, and real evidence; and (3) all other practical problems that make trial of a case easy, expeditious, and inexpensive.’ ” Id. (quoting Guerine, 198 Ill. 2d at 516).

2024Guerine, 198 Ill. 2d at 516. ¶ 32 The trial court properly exercised its discretion in analyzing the relevant private interest factors.

2023App. 3d at 274 (citing Langenhorst, 219 Ill. 2d at 443 ). ¶ 46 First, we consider the private interest factors, which are “ ‘(1) the convenience of the parties; (2) the relative ease of access to sources of testimonial, documentary, and real evidence; and (3) all other practical problems that make trial of a case easy, expeditious, and inexpensive.’ ” Langenhorst, 219 Ill. 2d at 443 (quoting Guerine, 198 Ill. 2d at 516); Dawdy, 207 Ill. 2d at 172 ; see also Vivas, 392 Ill.

2023App. 3d at 274 (citing Langenhorst, 219 Ill. 2d at 443 ). ¶ 20 First, we consider the private interest factors, which are “ ‘(1) the convenience of the parties; (2) the relative ease of access to sources of testimonial, documentary, and real evidence; and (3) all other practical problems that make trial of a case easy, expeditious, and 6 No. 1-21-1674 inexpensive.’ ” Langenhorst, 219 Ill. 2d at 443 (quoting Guerine, 198 Ill. 2d at 516); Dawdy, 207 Ill. 2d at 172 ; see also Vivas, 392 Ill.

2026Langenhorst, 219 Ill. 2d at 444 (the balance of factors must strongly favor the defendant’s choice to justify disturbing the plaintiff’s choice). ¶ 15 With respect to the private interest factors, the factor of convenience of the parties does not favor transfer.

2024Baker LLP also argues that the location of the parties favors London because Baker LLP’s location does not substantially link the litigation to Cook County, Lehram is in London, and Rodriguez is closer to London than he is to Cook County. ¶ 30 Plaintiffs argue that the private interest factors strongly favor Cook County because (1) defendants are headquartered in Cook County and hold themselves out as a global law firm with approximately 4000 attorneys in 69 offices in 40 countries, (2) Lehram has no physical office in England, has zero assets, and has no officers, managers, or employees in En

2024“The private interest factors include the convenience of the parties; the relative ease of access to sources of testimonial, documentary, and real evidence; the availability of compulsory process to secure the attendance of unwilling witnesses; the cost of obtaining the attendance of willing witnesses; the possibility of viewing the premises, if appropriate; and all other practical considerations that make a trial easy, expeditious, and inexpensive.” Shaw v. Haas, 2019 IL App (5th) 180588, ¶ 17 (citing Dawdy, 207 Ill. 2d at 172 ).

2024See Dawdy, 207 Ill. 2d at 177 . ¶ 22 First, regarding the private interest factors, we begin by reviewing the facts pertaining to the convenience of the parties.

2012As was stated in Langenhorst: *1252 "The burden is on the defendant to show that relevant private and public interest factors `strongly favor' the defendant's choice of forum to warrant disturbing plaintiff's choice." Langenhorst, 219 Ill.2d at 444 , 302 Ill.Dec. 363 , 848 N.E.2d at 935 (citing Griffith, 136 Ill.2d at 107 , 143 Ill.Dec. 274 , 554 N.E.2d at 212 ). ¶ 20 The private-interest factors include: (1) the convenience of the parties, (2) the relative ease of access to witnesses, documents, and other evidence, and (3) other practical issues related to the easy, expeditious, and inexpensi

2012As was stated in Langenhorst: *1252 "The burden is on the defendant to show that relevant private and public interest factors `strongly favor' the defendant's choice of forum to warrant disturbing plaintiff's choice." Langenhorst, 219 Ill.2d at 444 , 302 Ill.Dec. 363 , 848 N.E.2d at 935 (citing Griffith, 136 Ill.2d at 107 , 143 Ill.Dec. 274 , 554 N.E.2d at 212 ). ¶ 20 The private-interest factors include: (1) the convenience of the parties, (2) the relative ease of access to witnesses, documents, and other evidence, and (3) other practical issues related to the easy, expeditious, and inexpensi

2014The doctrine has interstate and intrastate application (id. ¶ 13), but in this case only the interstate aspect is in play. ¶ 30 In applying the doctrine, Illinois courts follow the framework of Gulf Oil Corp. v. Gilbert, 330 U.S. 501 (1947), which requires the court to weigh various interests, grouped into “private interest factors affecting the litigants” and “public interest factors affecting court administration” (Fennell, 2012 IL 113812, ¶¶ 14-15 ). ¶ 31 The private-interest factors include: “the convenience of the parties; the relative ease of access to sources of testimonial, documentary

2014The doctrine has interstate and intrastate application (id. ¶ 13), but in this case only the interstate aspect is in play. ¶ 30 In applying the doctrine, Illinois courts follow the framework of Gulf Oil Corp. v. Gilbert, 330 U.S. 501 (1947), which requires the court to weigh various interests, grouped -6- into “private interest factors affecting the litigants” and “public interest factors affecting court administration” (Fennell, 2012 IL 113812, ¶¶ 14-15 ). ¶ 31 The private-interest factors include: “the convenience of the parties; the relative ease of access to sources of testimonial, documen

2024Private Interest Factors ¶ 65 In determining whether forum non conveniens applies, the court “must balance the private interest factors affecting the convenience of the litigants and public interest factors affecting the administration of the courts.” Gridley, 217 Ill. 2d at 169-70 .

2021“Every request for transfer based upon forum non conveniens must be decided pursuant to an ‘individualized, case-by-case consideration of convenience and fairness.’ ” Gridley, 217 Ill. 2d at 168 (quoting Van Dusen v. Barrack, 376 U.S. 612, 622 (1964)). ¶ 28 In considering whether to grant or deny a motion to transfer based on forum non conveniens, a circuit court must balance the private interest factors that affect the litigants and the public interest factors that affect the administration of the courts.

2024Fennell, 2012 IL 113812, at ¶ 17 . ¶ 13 The private interest factors to be considered in a forum non conveniens case include: the convenience of the parties; the relative ease of access to sources of testimonial, documentary, and real evidence; the availability of compulsory process to secure attendance of unwilling witnesses; the cost to obtain attendance of willing witnesses; the possibility of viewing the premises, and, if appropriate, all other practical considerations that make a trial easy, expeditious, and inexpensive.

2021Co., 2012 IL 113812, ¶ 17 . ¶ 29 The private interest factors include (1) the convenience of the parties; (2) the relative ease of access to sources of testimonial, documentary, and real evidence; (3) the availability of compulsory process to secure attendance of unwilling witnesses; (4) the cost to obtain attendance of willing witnesses; (5) the possibility of viewing the premises, if appropriate; and (6) all other practical considerations that make a trial easy, expeditious, and inexpensive.

2021“Every request for transfer based upon forum non conveniens must be decided pursuant to an ‘individualized, case-by-case consideration of convenience and fairness.’ ” Gridley, 217 Ill. 2d at 168 (quoting Van Dusen v. Barrack, 376 U.S. 612, 622 (1964)). ¶ 28 In considering whether to grant or deny a motion to transfer based on forum non conveniens, a circuit court must balance the private interest factors that affect the litigants and the public interest factors that affect the administration of the courts.

2020“Every request for transfer based upon forum non conveniens must be decided pursuant to an ‘individualized, case-by-case 10 consideration of convenience and fairness.’ ” Gridley, 217 Ill. 2d at 168 (quoting Van Dusen v. Barrack, 376 U.S. 612, 622 (1964)). ¶ 28 In considering whether to grant or deny a motion to transfer based on forum non conveniens, a circuit court must balance the private interest factors that affect the litigants and the public interest factors that affect the administration of the courts.

2020Peile, 163 Ill.2d at 336–37. ¶ 15 “In Illinois, the private interest factors include (1) the convenience of the parties; (2) the relative ease of access to sources of testimonial, documentary, and real evidence; and (3) all other practical problems that make trial of a case easy, expeditious, and inexpensive—for example, the availability of compulsory process to secure attendance of unwilling witnesses, the cost to obtain attendance of willing witnesses, and the ability to view the premises (if appropriate).” First American Bank v. Guerine, 198 Ill.2d 511 , 516 (2002).

2005Some of the other private-interest factors taken into consideration include the residence of the plaintiff (Peile, 163 Ill. 2d at 337-38 , 645 N.E.2d at 191 ) and the complexity of the litigation.

2001Private-interest factors include: "(1) the relative ease of access to sources of proof, (2) the accessibility of witnesses, (3) the possibility of a jury view of the premises, and (4) all other practical problems that make a trial of a case easy, expeditious, and inexpensive." Roberts v. Illinois Power Co. , 311 Ill.

2001Private-interest factors include: “(1) the relative ease of access to sources of proof, (2) the accessibility of witnesses, (3) the possibility of a jury view of the premises, and (4) all other practical problems that make a trial of a case easy, expeditious, and inexpensive.” Roberts v. Illinois Power Co., 311 Ill.

2019See Langenhorst , 219 Ill. 2d at 448 , 302 Ill.Dec. 363 , 848 N.E.2d 927 (" ' "the deference to be accorded is only less , as opposed to none " ' " (emphases in original) (quoting First American Bank v. Guerine , 198 Ill. 2d 511 , 518, 261 Ill.Dec. 763 , 764 N.E.2d 54 (2002), quoting Elling v. State Farm Mutual Automobile Insurance Co. , 291 Ill.

2019See Langenhorst, 219 Ill. 2d at 448 (“ ‘ “the deference to be accorded is only less, as opposed to none” ’ ” (emphases in original) (quoting First American Bank v. Guerine, 198 Ill. 2d 511 , 518 (2002), quoting Elling v. State Farm Mutual Automobile Insurance Co., 291 Ill.

2025This doctrine allows a trial court to decline jurisdiction when trial in another forum “would better serve the ends of justice.” Vinson, 144 Ill. 2d at 310 . ¶ 18 To determine whether to grant a party’s motion to transfer venue under the doctrine of forum non conveniens, courts examine the private interest factors, which relate to the convenience of the litigants and the practicalities of conducting the trial, as well as the public interest factors, which concern the efficient administration of justice and the connection of the 7 No. 1-25-0028 litigation to the forum.

2020Vinson v. Allstate, 144 Ill. 2d 306, 310 (1991). ¶ 14 To determine whether the doctrine applies, the trial court must balance the private interest factors affecting the convenience of the parties and the public interest factors impacting the court's administration of its docket.

2023Hale v. Odman, 2018 IL App (1st) 180280, ¶ 31 ; Czarnecki, 339 Ill.

2023Hale v. Odman, 2018 IL App (1st) 180280, ¶ 31 ; Czarnecki, 339 Ill.

2025See, e.g., Hale, 2018 IL App (1st) 180280, ¶ 47 (trial court properly decided that location of attorneys’ offices “favored Cook County but carried little weight”). ¶ 62 On the record before us, we cannot say the trial court abused its discretion in failing to find that the private interest factors strongly favored transfer. ¶ 63 The Trial Court Did Not Abuse Its Discretion in Weighing the Public Factors - 18 - 1-23-1744 ¶ 64 We turn to address the trial court’s weighing of the three public factors: “(1) the administrative difficulties caused when litigation is handled in congested venues; (2)

2025See, e.g., Hale v. Odman, 2018 IL App (1st) 180280, ¶¶ 47, 60, 63 (reversing the denial of a motion to transfer venue to Kane County where the accident, witnesses, and evidence were in Kane County, and practical considerations, like travel and cost, favored Kane 15 No. 1-25-0028 County, even though the plaintiff’s attorneys were based in Cook County, noting that the location of parties’ attorneys should be given “little weight”). ¶ 51 Taken together, we agree with the circuit court’s conclusion that the private interest factors overwhelmingly support transfer.

2024But the convenience of counsel is a factor that should only be accorded “ ‘little weight’ .” Dawdy, 207 Ill. 2d at 179 (quoting Boner v. Peabody Coal Co., 142 Ill. 2d 523, 534 (1991)). ¶ 23 With one significant exception, the trial court’s analysis of the private interest factors was consistent with the foregoing analysis.

2024But the convenience of counsel is a factor that should only be accorded “ ‘little weight.’ ” Dawdy, 207 Ill. 2d at 179 (quoting Boner v. Peabody Coal Co., 142 Ill. 2d 523, 534 (1991)). ¶ 22 With one significant exception, the trial court’s analysis of the private interest factors was consistent with the foregoing analysis.

2026See Fennell, 2012 IL 113812, ¶ 21 ; accord Schuster, 2018 IL App (1st) 171558, ¶ 21 .

2023For this factor, “[o]ur supreme court has made clear that the location of the accident resulting in the litigation is the most substantial factor in giving any county a local interest.” Schuster, 2018 IL App (1st) 171558, ¶ 37 (citing Dawdy, 207 Ill. 2d at 183).

2024“The private interest factors include the convenience of the parties; the relative ease of access to sources of testimonial, documentary, and real evidence; the availability of compulsory process to secure the attendance of unwilling witnesses; the cost of obtaining the attendance of willing witnesses; the possibility of viewing the premises, if appropriate; and all other practical considerations that make a trial easy, expeditious, and inexpensive.” Shaw v. Haas, 2019 IL App (5th) 180588, ¶ 17 (citing Dawdy, 207 Ill. 2d at 172 ).

2024“The private interest factors include the convenience of the parties; the relative ease of access to sources of testimonial, documentary, and real evidence; the availability of compulsory process to secure the attendance of unwilling witnesses; the cost of obtaining the attendance of willing witnesses; the possibility of viewing the premises, if appropriate; and all other practical considerations that make a trial easy, expeditious, and inexpensive.” Shaw v. Haas, 2019 IL App (5th) 180588, ¶ 17 (citing Dawdy, 207 Ill. 2d at 172 ).

2022Co., 106 Ill. 2d 135, 148 (1985). ¶ 46 We therefore conclude that the circuit court did not abuse its discretion while balancing the private interest factors. - 18 - 1-21-0339 ¶ 47 The Public Interest Factors ¶ 48 Finally, defendants argue that the circuit court abused its discretion by finding that all three public interest factors weighed in favor, rather than strongly in favor, of transfer to McDonough County.

2022Co., 106 Ill. 2d 135, 148 (1985). ¶ 47 We therefore conclude that the circuit court did not abuse its discretion while balancing the private interest factors. ¶ 48 The Public Interest Factors ¶ 49 Finally, defendants argue that the circuit court abused its discretion by finding that all three public interest factors weighed in favor, rather than strongly in favor, of transfer to McDonough County.

2004The private interest factors include: "‛the relative ease of access to sources of proof; availability of compulsory process for attendance of unwilling, and the cost of obtaining attendance of willing, witnesses; possibility of view of premises, if view would be appropriate to the action; and all other practical problems that make trial of a case easy, expeditious and inexpensive.'" Washington , 144 Ill. 2d at 399 , quoting Gulf Oil Corp. v. Gilbert , 330 U.S. 501, 508 , 91 L.

2004The private interest factors include: “ ‘the relative ease of access to sources of proof; availability of compulsory process for attendance of unwilling, and the cost of obtaining attendance of willing, witnesses; possibility of view of premises, if view would be appropriate to the action; and all other practical problems that make trial of a case easy, expeditious and inexpensive.’ ” Washington, 144 Ill. 2d at 399 , quoting Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 , 91 L.

1993Co. (1987), 116 Ill. 2d 217, 223-24 , 506 N.E.2d 1291, 1294 .) Private-interest factors to be considered are “ ‘the relative ease of access to sources of proof; availability of compulsory process for attendance of unwilling, and the cost of obtaining attendance of willing, witnesses; possibility of view of premises, if view would be appropriate to the action; and all other practical problems that make trial of a case easy, expeditious and inexpensive.’ ” (Torres, 98 Ill. 2d at 345 , 456 N.E.2d at 604 , quoting Gulf Oil Corp. v. Gilbert (1947), 330 U.S. 501, 508 , 91 L.

1993Co. (1987), 116 Ill. 2d 217, 223-24 , 506 N.E.2d 1291, 1294 .) Private-interest factors to be considered are “ ‘the relative ease of access to sources of proof; availability of compulsory process for attendance of unwilling, and the cost of obtaining attendance of willing, witnesses; possibility of view of premises, if view would be appropriate to the action; and all other practical problems that make trial of a case easy, expeditious and inexpensive.’ ” (Torres, 98 Ill. 2d at 345 , 456 N.E.2d at 604 , quoting Gulf Oil Corp. v. Gilbert (1947), 330 U.S. 501, 508 , 91 L.

2005Mowen v. Ulinois Valley Supply Co., 257 Ill.

2005Mowen v. Illinois Valley Supply Co., 257 Ill.App.3d 712, 717 , 195 Ill.Dec. 868 , 629 N.E.2d 176, 180 (1994). *990 Public-interest factors include court congestion, an interest in having "localized controversies decided at home," and the burden of jury duty upon local citizens in an unrelated forum.

2025Keeping in mind it was Dr. Chatterji’s burden to establish that the relevant factors strongly favored transfer, - 15 - 1-23-1744 we cannot say the trial court erred in finding he failed to do so, with respect to the relative ease of access to evidence. ¶ 55 We turn to Dr. Chatterji’s contentions that the trial court erred in finding that the remaining private interest factors—including the “cost to obtain attendance of willing witnesses,” the “possibility of viewing the premises” and “all other practical considerations that make trial of a case easy, expeditious and inexpensive” (Evans, 2020 I

2025See, e.g., Hale, 2018 IL App (1st) 180280, ¶ 47 (trial court properly decided that location of attorneys’ offices “favored Cook County but carried little weight”). ¶ 62 On the record before us, we cannot say the trial court abused its discretion in failing to find that the private interest factors strongly favored transfer. ¶ 63 The Trial Court Did Not Abuse Its Discretion in Weighing the Public Factors - 18 - 1-23-1744 ¶ 64 We turn to address the trial court’s weighing of the three public factors: “(1) the administrative difficulties caused when litigation is handled in congested venues; (2)

2021The private interest factors include “ ‘(1) the convenience of the parties; (2) the relative ease of access to sources of testimonial, documentary, and real evidence; and (3) all other practical problems that make trial of a case easy, expeditious, and inexpensive.’ ” Id. (quoting Guerine, 198 Ill. 2d at 516). ¶ 33 Though the trial court need only have concluded that Turkey was not an available and adequate alternative forum, it properly exercised its discretion in analyzing the relevant private and public interest factors.

1989(Satkowiak, 106 Ill. 2d at 228-29 , 478 N.E.2d at 372 (relying upon Gulf Oil, 330 U.S. at 508 , 91 L.