Venue
Venue under 28 U.S.C. Section 1391 determines the proper geographic location (judicial district) for a federal lawsuit, based on where defendants reside (if all in same state), where events occurred, or as a fallback, where any defendant is subject to personal jurisdiction.
Exam Tip
Venue = WHERE to sue. Three bases: (1) defendant residence (if all same state), (2) substantial events occurred, (3) fallback. Transfer: Section 1404 (proper venue) vs. Section 1406 (improper). Forum selection clauses enforced (Atlantic Marine).
What is Venue?
Venue refers to the geographic location where a case should be heard. Unlike jurisdiction (power to hear), venue concerns convenience and fairness in choosing among courts that have jurisdiction.
Federal Venue Statute (28 U.S.C. Section 1391)
| Basis | Where Action May Be Brought |
|---|---|
| Defendant Residence | District where any defendant resides, if all defendants reside in same state |
| Events/Omissions | District where substantial part of events or omissions occurred |
| Property | District where substantial part of property at issue is located |
| Fallback | Any district where any defendant is subject to personal jurisdiction |
Determining Residence
| Party Type | Residence |
|---|---|
| Individuals | District of domicile |
| Corporations | Any district where subject to personal jurisdiction |
| Unincorporated Entities | Any district where subject to personal jurisdiction |
Venue vs. Personal Jurisdiction
| Feature | Venue | Personal Jurisdiction |
|---|---|---|
| Focus | Geographic convenience | Power over defendant |
| Waiver | Waived if not timely raised | Waived if not timely raised |
| Source | Statutory (28 U.S.C. Section 1391) | Constitutional (Due Process) |
| Motion | 12(b)(3) | 12(b)(2) |
Transfer of Venue
| Statute | Situation | Standard |
|---|---|---|
| Section 1404(a) | Proper venue | Convenience and interest of justice |
| Section 1406(a) | Improper venue | Transfer or dismiss |
| Section 1631 | Lack of jurisdiction | Transfer to cure |
Section 1404(a) Factors
Private Interest Factors:
- Plaintiff's choice of forum
- Convenience of parties and witnesses
- Access to evidence
- Cost of obtaining witnesses
Public Interest Factors:
- Court congestion
- Local interest in controversy
- Familiarity with governing law
- Unfairness of burden on local citizens
Forum Selection Clauses
Under Atlantic Marine (2013), valid forum selection clauses:
- Enforced through Section 1404(a) transfer
- Should be given controlling weight except in exceptional cases
- Private factors favor transfer; public factors still considered
California State Courts
Venue in California state courts is governed by CCP Sections 392-403, generally based on:
- Defendant's residence
- Where contract was made/to be performed
- Where injury occurred
Landmark Cases
- Atlantic Marine Construction v. U.S. District Court (2013): Forum selection clause enforcement
- Piper Aircraft v. Reyno (1981): Forum non conveniens factors
Study This Term In
Related Terms
Personal Jurisdiction
Personal jurisdiction is the court's power over a particular defendant, requiring that the defendant have sufficient minimum contacts with the forum state such that exercising jurisdiction does not offend traditional notions of fair play and substantial justice under the Due Process Clause.
Motion to Dismiss
A motion to dismiss under FRCP Rule 12(b) is a pre-answer motion challenging the complaint on procedural or substantive grounds, including lack of jurisdiction, improper venue, insufficient service, or failure to state a claim upon which relief can be granted.
Diversity Jurisdiction
Diversity jurisdiction under 28 U.S.C. Section 1332 grants federal courts power to hear civil cases between citizens of different states when the amount in controversy exceeds $75,000, requiring complete diversity where no plaintiff shares citizenship with any defendant.