Civil procedure
Venue
Venue is the question of which particular federal district should hear a case that federal courts as a whole may hear.
The general rule points to a district where any defendant resides, if all defendants reside in that state, or where a substantial part of the events happened. Improper venue can lead to dismissal, but courts usually transfer instead.
Even proper venue can be moved. A motion to transfer asks the court to send the case to a more convenient district, weighing witness locations, the parties' resources, and local interest in the dispute. Forum-selection clauses in contracts weigh heavily here.
Transfer motions are frequently strategic rather than geographic. Moving a case changes which circuit's law governs the appeal and which jury pool hears the trial, and both sides know it, so these fights are rarely about travel time alone.
How it appears on a docket
ORDER granting 19 Motion to Transfer Venue. The Clerk shall transfer this action to the United States District Court for the Northern District of Illinois.
Governing rule
28 U.S.C. Sec. 1391, 1404(a)
Related terms
- Personal Jurisdiction — Personal jurisdiction is the court's authority over the particular defendant, as opposed to its authority over the subject of the case.
- Removal — Removal is a defendant moving a case out of state court into federal court by filing a notice of removal.
More on civil procedure
See this term in a real case
Search federal court records and read the filings where venue actually shows up. New to federal dockets? Start with how to find a federal case.