In evaluating forum non conveniens, which is a private interest factor?

• A. The court's docket congestion.
• B. The availability of witnesses to compel attendance.
• C. The local interest in adjudicating local controversies.
• D. The public policy of the forum state.

Answer: (B)

When evaluating forum non conveniens, courts balance private and public interests. Private interest factors focus on the litigants’ own practical concerns—like how easy it is to obtain evidence and witnesses, and the overall convenience and costs for the parties. The availability of witnesses to compel attendance directly affects whether the case can be effectively tried in a given forum, making it a private factor. In contrast, docket congestion, local interest in adjudicating local controversies, and the forum state’s public policy are public factors, concerning the forum’s administrative burdens and broader societal interests. So the witness availability question best fits the private-interest category because it directly impacts the parties’ ability to present their case in the chosen forum.