Forum non conveniens allows a court to dismiss an action, despite having jurisdiction, where an adequate alternative forum exists and the balance of public and private interests strongly favors it. In federal practice it is now mainly used where the alternative is a foreign court; transfer statutes handle domestic cases.

Adequate alternative forum comes first. The defendant must be amenable to process there, and the forum must provide some remedy. A less generous remedy is usually still adequate; no remedy at all is not.

Private interest factors. Access to proof, availability of compulsory process for unwilling witnesses, cost of attendance, ability to view premises, and enforceability of any judgment.

Public interest factors. Court congestion, the local interest in deciding local controversies, the forum’s familiarity with the governing law, and the burden of jury duty on a community with no connection to the dispute.

Deference to the plaintiff’s choice is substantial where the plaintiff is local, and reduced where the plaintiff is foreign to the forum.

Conditions. Dismissals are routinely conditioned on the defendant consenting to jurisdiction elsewhere, waiving limitation defenses, and agreeing to satisfy any judgment. A defendant seeking dismissal should expect to offer these.