Venue | Practical Law

Venue | Practical Law

Venue

Venue

Practical Law Glossary Item 3-502-5112 (Approx. 3 pages)

Glossary

Venue

The court in which a lawsuit is pending.
The plaintiff's choice of venue is usually proper if the court is located in a judicial district where the defendant resides or where the events giving rise to the claim occurred. A lawsuit may, however, be transferred to another US venue if that venue is more convenient or if the plaintiff's chosen venue is improper. The plaintiff's chosen venue may be improper if it has no relationship to the parties or the claims in the case. If there is no proper venue in the US, the court may dismiss the case under the doctrine of forum non conveniens. In addition, a case may, under certain circumstances, be removed from state court to federal court.
Venue should be distinguished from personal jurisdiction. Even if a court has jurisdiction over a case, venue may still be improper.
Venue for civil actions in the federal judicial system is governed by 28 U.S.C. §§ 1390 to 1413. Each state also has rules governing venue for civil actions brought in the courts of that state.