Venue (law)

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Civil procedure in the United States
Federal Rules of Civil Procedure Doctrines of civil procedure Jurisdiction Subject-matter jurisdiction Diversity jurisdiction Personal jurisdiction Removal jurisdiction Venue Change of venue Forum non conveniens Pleadings and motions Service of process Complaint Cause of action Case Information Statement Class action Class Action Fairness Act of 2005 Demurrer Answer Affirmative defense Reply Counterclaim Cross-claim Joinder Indispensable party Impleader Interpleader Intervention Pre-trial procedure Discovery Interrogatories Depositions Request for Admissions Resolution Without Trial Default judgment Summary judgment Voluntary dismissal Involuntary dismissal Settlement Trial Parties Plaintiff Defendant Jury Voir dire Burden of proof Judgment Judgment as a matter of law (JMOL) Renewed JMOL (JNOV) Motion to set aside judgment New trial Remedy Injunction Damages Attorney's fees American rule English rule Declaratory judgment Appeal Mandamus Certiorari
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Venue is the location where a case is heard. In the United States, the venue is either a county (for cases in state court) or a district or division (for cases in federal court). Venue deals with locality of a lawsuit, that is, with questions of which court or courts with proper jurisdiction may hear a specific suit.^[1] A case can only be brought in a certain venue. For instance, in federal diversity cases, the venue can only be (1) the district where any defendant resides if all defendants reside in the same state, (2) the district where a substantial part of the events giving rise to the claim occurred, or (3) the district in which any defendant is subject to personal jurisdiction if there is no district in which the claim can otherwise be brought (28 U.S.C. Â§ 1391).

Venue is a concept distinct from jurisdiction, which focuses on the authority of a court to hear a particular case. Venue is concerned with the geographical location of the court where a lawsuit is commenced. However, unlike personal jurisdiction, there is no constitutional requirement for proper venue in order to have a valid judgment.

The general venue statute for United States federal courts is 28 U.S.C. Â§ 1391 with special rules listed in §§ 1392-1413. Venue can be transferred from one federal district to another (28 U.S.C. Â§ 1404). A case can also be removed from a state court to a federal court. Finally, a case may be dismissed because its venue is harshly "unfair" to one or more parties under a doctrine called forum non conveniens, often used in cases where the events took place in a foreign country such as Piper Aircraft Co. v. Reyno, 454 U.S. 235 (1981).

Defendants can waive venue at the time of trial (Neirbo Co. v. Bethlehem Shipbuilding Corp., 308 U.S. 165 (1939)) or before a claim even arises through contract, such as through a forum selection clause (Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991)).

[edit] See also

• Court
• Jurisdiction

[edit] References