When Should a Case Be Dismissed Under the Doctrine of ''Forum Non Conveniens'' ?
In Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508-09, 91 L. Ed. 1055, 1062-63, 67 S. Ct. 839, 843 (1947) a landmark forum non conveniens case adopted and relied upon by Illinois courts, the United States Supreme Court set forth the factors to be weighed in determining whether a case should be dismissed under the doctrine of forum non conveniens.
The private interest factors identified in Gulf Oil include the "relative ease of access to sources of proof; availability of compulsory process for attendance of unwilling witnesses, and the cost of obtaining attendance of willing witnesses; possibility of view of premises, if such view would be appropriate to the action; and all other practical problems that make trial of a case easy, expeditious and inexpensive." Gulf Oil, 330 U.S. at 508, 91 L. Ed. at 1062, 67 S. Ct. at 843; Schoon, 207 Ill. App. 3d at 605.
The public interest factors which affect the administration of the courts include difficulties flowing from court congestion; local interest in having localized controversies decided at home; and unfairness of burdening citizens in an unrelated forum with jury duty. Gulf Oil, 330 U.S. at 508-09, 91 L. Ed. at 1063, 67 S. Ct. at 843; Schoon, 207 Ill. App. 3d at 605.