motion the burden remains with the party seeking dismissal in that particular case it's the defendant in this imprint court has set forth the very high standard in which the supreme word in which a certain court can grant you form nine convenience motion throughout the cases the supreme court has used this very strong language they've used language such as in sectional circumstances where the where the balance strongly favor in standard that has to be met for formal convenience and there was as the here in the defendants do not meet this high standard they present no evidence of any exceptional circumstances or rare circumstances that the point is substantial right to a chosen form falls into one of those rare circumstances that it should be dismissed the basis of the friend in his forming a convenience motion is that this accident happens in mexico and therefore should be tried in new mexico basically set forth in the emergency personnel are in new mexico to respond to police officers are in new mexico i witnesses are from new mexico but in virtually every accident that happens outside of the point of children form those elements are always going to be there it's always going to be able it's grown the form in which the accident have a it's always going to be the perp the police personnel what the defense wants to hear so i don't believe that then they have have set forth the public and private interest factors to show that there is be a hardship that to be there that's the case in the court in the in the legislature would have written the laws so that we could the plaintiff doesn't have the choice of four and you were in those circumstances but two pieces to kind of answer your question is the  county a defendant from indiana in the accident happened indicate how and what the supreme court says this is not one of those exceptional circumstances where the interest of justice requires the state selection of an elite of a legally correct for the rule in the answer to question the fact that they may have to bring in a few witnesses i don't believe meets the standards of form the inconvenience of highly and exceptional circumstances as set forth resupport would have little mean if defendants were permitted to defeat can choice and the facts presented in this case ensued to answer your question if if you're a few witnesses that they may in this particular case if you move it to arizona we move subpoena power over oh illinois residents who need to testify so i believe when we look at it actual bank in the samantha case i think they were clear that we need more than just that to meet the factors of exceptional strong rare circumstances and those factors when we look at the private in public factors the defendants do the private and public factors do not in favor of the defendants let alone meet the strongly for you or greatly for you in the circuit court abuses in which the trial court wait until the forum on convenience motion in the supreme court reversed it and found that it was an abuse of discretion because of the point of choice of the form and there were not exceptional circumstances so right off the bat the point of have a substantial deference given to their children for then we only look at the private interest factors convenience of the that there's other practical considerations making trial easy expeditious inexpensive in in the responsibilities of the defendants they say to them for no who or which adds three different analysis you know right now we actually we actually have another over death case right now that we are having the family physician testify in in the big reason is because the defendants are going down the what line of line of something other than the eggs and their cost or we would have to call doctors and treating physicians seriously it would she were relatively healthy seventy three year old woman and we would not have subpoena power over them to testify in new mexico so that's why you know when we talked about the pardons being in different patients in this the course talk about this is when you have witnesses from different jurisdictions they know more  i do of before my time is out i want to quickly get to the public interest factors because this is another area that i think the circuit court simply misapply the wall when we talk about interests in deciding controversies locally is that because the defendant isn't from cook county cook county has a legitimate connection to the litigation because one of the defendants was from cook county and in gurney it's an auto accident in the guys out there driving down the road and they court to substitute its judgment for that of the circuit court or even to determine whether the trial court exercises discretion wisely instead the poet court must only determine whether a trial court abused its discretion the supreme court facts submitted by the parties considered each of the relevant factors identified in the case law and reached a reasonable conclusion that the balance of the public and private interests factors weighed strongly in favor of litigating this matter  leo county mexico the trunk were made clear that it was considering the totality of the circumstances without focusing on one particular factor and that it was giving substantial difference to the plaintiff chosen form  back that kind of continues to attempt to downplay the importance of many witnesses that the defendant may attempt to call out in his own depends on the liability and damages issues in the case at the trial court recognized primarily that the defendant  can assert over her to bring her in as a party in a case here that's the exceptional rare circumstance where you can overcome the substantial deference given to a player's chosen for talents were determining which jurisdiction has the most significant relationship to a conflict we have to consider the content of all we have to consider the time their own sources that contributes in their allegations that she is a necessary part of first off as far as i am aware there is no pending action in new mexico regarding this accident they'll stokley has now file