| Venue refers to the location (city, town, or county) where a legal case should be decided. Each state has rules for determining the correct venue for filing a lawsuit. A defendant can waive or give up the right to claim improper venue. Either side can request a change of venue.
Proper Venue for State Court Lawsuits
A state court's rules list the locations where venue is proper in a lawsuit. There are usually several proper venues for a lawsuit. In Ohio, for example, the following are each proper places for filing a civil lawsuit:
- the county where the defendant lives;
- the county in which the defendant has its principal place of business;
- the county in which all or part of the plaintiff's claim arose;
- the county where the defendant's actions gave rise to the plaintiff's claim; and
- the county where the property is situated if the lawsuit involves real estate or personal property.
Proper Venue for Federal Court Lawsuits
If a lawsuit is between citizens of two different states (a "diversity" action), venue is proper in the judicial district where all defendants live or in the judicial district where the actions sued upon occurred. In the alternative, venue is proper in diversity actions where any of the defendants can be found. In cases involving a federal question (an issue of federal or constitutional law), venue is proper where all defendants live or in the judicial district where the occurrence giving rise to the lawsuit occurred.
Change of Venue
If a lawsuit is filed in the wrong venue, the court can dismiss the case. However, the court in the interest of justice may transfer the case to any location where the lawsuit could have been filed originally. The location of a trial can be changed if necessary to permit a fair trial and to avoid prejudice against one of the parties.
Forum Non Conveniens (Inconvenient Forum or Court)
Under the legal principle of forum non conveniens, a court can dismiss or transfer a case -- even though venue was proper in that court -- if a party shows that the location is inconvenient for the parties or the witnesses. A case may be transferred to a location that is more convenient if it would serve the interests of justice to have the case heard in that more convenient forum.
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