§ 6-5-754 — Choice of Forum

(a) If a claim under the common or statutory law of another state, the United States, or a foreign country or under international treaty for death or injury to person or damage to property arises against a manufacturer out of an accident that occurred outside this state, such claim may be brought in the courts of this state in any county in which jurisdiction of the defendant can be legally obtained in the same manner in which jurisdiction could have been obtained if the claim had arisen in this state.
(b) The courts of this state shall apply the doctrine of forum non conveniens in determining whether to accept or decline to take jurisdiction of an action asserting a claim arising out of an accident occurring outside this state.
(c) In applying the doctrine of forum non conveniens, the court shall take into account each of the following considerations:
(1) The state in which the claimant resides, giving deference to the claimant’s choice of forum only if the claimant is a resident of this state.
(2) The location where the acts or occurrences giving rise to the action occurred.
(3) The convenience of the parties and witnesses.
(4) The interests of justice.
(d) If upon motion of any defendant it is shown that there exists a more appropriate forum outside this state, the court must dismiss the action without prejudice. Dismissal may be conditioned upon the defendant filing with the court a consent (1) to submit to jurisdiction in the identified forum, or (2) to waive any statute of limitations defense not already existing if an action on the same cause of action is commenced in the identified forum within 60 days of the dismissal.
(e) An order denying a motion to dismiss under this section shall be immediately appealable, as a matter of right, upon filing of a notice of appeal in accordance with the Alabama Rules of Appellate Procedure.

Legislative History

(Act 2013-73, p. 148, §5.)