Civil Procedure I
Venue is the place within a court system that a case can be heard. It is chosen by the plaintiff, but is subject to statutes guiding venue.
The federal court system's concept of venue is based on 28 U.S.C. § 1391.
FRCP 12(h) says venue can be waived like personal jurisdiction. It must be objected to based on 12(b)(3) at the same time any other motions based on 12(b)(2)–(5) are.
28 U.S.C. § 1391(b) says, unless another statute says otherwise, a civil action may be brought in:
- a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located;
- a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or
- if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action