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. 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 ( ).
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
with special rules listed in ยงยง 1392-1413. Venue can be transferred
from one federal district to another ( ). 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, .
Defendants can waive venue at the time of trial (
Neirbo Co.
v. Bethlehem
Shipbuilding Corp., ). Plaintiffs may also waive their
right to sue in certain venues through a contract that contains a
valid and reasonable
forum
selection clause (
Carnival Cruise Lines, Inc.
v. Shute, ).
See also
References