Quick answer

Forum shopping is the act of a party who, to obtain a favorable judgment, files multiple suits involving the same parties, the same rights or causes of action, and the same reliefs, either simultaneously or successively, in different courts or tribunals, hoping that one will rule in their favor. It also occurs when a party, after receiving an adverse decision in one forum, seeks another forum for the same relief. Forum shopping is condemned because it clogs the courts, wastes judicial resources, creates the possibility of conflicting decisions, and trifles with the administration of justice. To combat it, the Rules of Court require that every complaint or other initiatory pleading be accompanied by a certification against forum shopping, a sworn statement by the plaintiff or principal party certifying that they have not commenced any other action involving the same issues, that no such action is pending, and that if they learn of one, they will report it to the court within five days. The consequences of violating the rule are serious. Failure to comply with the certification requirement is generally a ground for dismissal of the case, without prejudice, unless otherwise provided; but the submission of a false certification, or the actual commission of forum shopping, is a ground for summary dismissal with prejudice and may constitute direct contempt as well as a cause for administrative and disciplinary sanctions against the party and the counsel. The test for forum shopping is whether the elements of litis pendentia are present, or whether a final judgment in one case would amount to res judicata in another. So a litigant must pursue their claim in one proper forum, disclose any related cases, and never file duplicate suits to increase their chances, on pain of dismissal and sanctions.

What Forum Shopping Is

Forum shopping is filing multiple suits on the same parties, causes, and reliefs in different courts — or re-filing after an adverse ruling — hoping one will rule favorably. It is condemned for clogging courts and risking conflicting decisions.

The Mandatory Certification

Every initiatory pleading must carry a certification against forum shopping — a sworn statement that the party has not filed another action on the same issues, that none is pending, and that they will report any such action within five days.

Serious Consequences

A missing certification is generally a ground for dismissal without prejudice. But a false certification or actual forum shopping means dismissal with prejudice, possible direct contempt, and administrative sanctions on the party and counsel. The test uses litis pendentia and res judicata.

Practical Takeaways

Frequently Asked Questions

What is forum shopping? Filing multiple suits involving the same parties, rights or causes of action, and reliefs in different courts, hoping one will rule favorably, or seeking another forum after an adverse decision on the same relief.

What is a certification against forum shopping? A sworn statement, required in every initiatory pleading, certifying that the party has not commenced another action on the same issues, that none is pending, and that they will report any such action to the court within five days.

What happens if I don't include the certification? Failure to comply with the certification requirement is generally a ground for dismissal of the case without prejudice, unless otherwise provided by the rules.

What is the penalty for actual forum shopping? The submission of a false certification or the actual commission of forum shopping is a ground for summary dismissal with prejudice, may constitute direct contempt, and can lead to administrative and disciplinary sanctions against the party and counsel.

This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.

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