venue

Definition of venue

Pronunciation

• SAMPA: /"vEnju:/

Etymology

From Old French venue feminine past participle of verb venir.

Noun

venue (plural venues)

1. A place, especially the one where a given event is to happen.
2. (law) A neighborhood or near place; the place or county in which anything is alleged to have happened; also, the place where an action is laid.
   
   The twelve men who are to try the cause must be of the same venue where the demand is made. --Blackstone.

Usage notes

In certain cases, the court has power to change the venue, which is to direct the trial to be had in a different county from that where the venue is laid.

Further reading

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, in which locale a lawsuit may be filed or commenced. It involves a decision of which district (federal court) or county (state court) is appropriate, based typically on where a matter occurred or where the defendant resides. 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 (although corporations reside in any district that may exercise personal jurisdiction over them, according to 28 U.S.C. § 1391(c), (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. § 1391).

Venue under American law 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. § 1391 with special rules listed in §§ 1392-1413. Venue can be transferred from one federal district to another (28 U.S.C. § 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.

Defendants can waive venue at the time of trial (Neirbo Co. v. Bethlehem Shipbuilding Corp., 308 U.S. 165 (1939)). Plaintiffs can waive venue at the time of trial. Plaintiffs may also waive their right to sue in certain venues through a contract that contains a valid and reasonable forum selection clause.

The proper recourse for challenging venue is a motion to dismiss for improper venue. Fed. R. Civ. P 12(b)(3). This is one of the waivable defenses, meaning that this must be made in the initial response to the complaint or it will be waived.