Dismissals and venue transfers on the basis of forum non conveniens—otherwise known as “inconvenient forum”— are frequent candidates for interlocutory appeal. Thus, appellate practitioners are well-advised to understand the nuances of this doctrine, because they can turn on significantly different requirements, and produce significantly different results.

First, the criteria for the appealability of forum non conveniens orders starts with Pa. R.A.P. 311(b-c), but may well not end there. Rule 311(c) allows an interlocutory appeal as of right from any order “in a civil action … changing venue … or declining to proceed in the matter on the basis of forum non conveniens …,” with no other preconditions. Rule 311(b) allows a limited immediate interlocutory appeal from “an order in a civil action … sustaining the venue,” conditioned on either the other side’s record consent, Section (b)(2) (prevailing party can force an “election”), or a court order that the venue question is “substantial.”