Venue (law)

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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). Each case can only be brought in certain venues. 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 (28 U.S.C. § 1391).

Venue is a concept distinct from jurisdiction, which focuses on the authority of a court to hear a particular case. 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 such as Piper Aircraft Co. v. Reyno, 454 U.S. 235 (1981).

Defendants can waive venue at the time of trial (Neirbo Co. v. Bethlehem Shipbuilding Corp., 308 U.S. 165 (1939)) or before a claim even arises through contract, such as through a forum selection clause (Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991)).