What are the substantive grounds for forum non conveniens? The Illinois Supreme Court’s most recent pronouncement on the doctrine is Dawdy v. Union Pacific R.R. Co., 207 Ill. 2d 167, 797 N.E.2d 687 (2003).
In considering where the case can be most conveniently litigated, a court will consider the “public” and “private” interests, while also giving deference to the plaintiff’s choice of forum. The private interest factors include convenience to the parties; the relative ease of access to sources of proof; 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 any other considerations that make a trial easy, expeditious, and inexpensive. Id.
The public interest factors to be considered are the interest in having local controversies decided in a local forum; administrative difficulties caused when a case is handled in a congested venue; and the imposition of jury duty upon residents with little or no connection to the case. Id.
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