Proper venue

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Proper venue is one requirement for a court to be able to hear a case. Generally, venue determines a convenient forum for trial. The factors affecting venue vary among jurisdictions and court systems. Typically, venue questions whether a particular court, out of a set of other possible courts, is geographically convenient. That is, where more than one court is available to the parties, which court will be most efficient for a case to take place?

In the United States, the determination of venue is a statutory requirement and is not constitutional. The venue requirements for Federal courts are contained in 28 U.S.C. § 1391.

Federal courts focus on districts to determine where venue is proper. Every state contains at least one district where a Federal District court can be found. Venue is proper in a specified district if one of two conditions is satisfied: one defendant, in a case where all defendants are citizens of the same state, resides in that district, or part of the events creating the law suit took place there. Only if neither of these two conditions can be satisfied in any district can a third condition be invoked, which differs by basis for jurisdiction. If jurisdiction is founded solely on diversity, venue is proper anywhere any defendant would be subject to personal jurisdiction, otherwise venue is proper anywhere any defendant can be found.

In the case of corporations, venue is proper in any district the corporation would be subject to personal jurisdiction if that district were an independent state.

Alien (non-U.S. citizen) defendants can be sued in any district.

[edit] External links

• 28 U.S.C. § 1391