Venue is the geographic location (county in state court or district in federal court) where a lawsuit may be filed. Proper venue is usually determined by statute, and upon the filing of a lawsuit, the defendant may seek to transfer (move) the venue to a proper venue if it believes the plaintiff’s choice of venue is not a proper venue.
In Arkansas, the concept of venue refers to the appropriate location within the state where a legal case can be filed and heard. State statutes determine the proper venue for different types of cases. Generally, civil cases can be filed in the county where the defendant resides, where the cause of action occurred, or where the property in dispute is located. For corporations, the venue is typically where the corporation has its principal place of business or where the event giving rise to the lawsuit occurred. In criminal cases, the venue is usually the county where the crime was committed. If a defendant believes that the plaintiff has chosen an improper venue, they may file a motion to transfer the case to a proper venue. This is governed by the Arkansas Rules of Civil Procedure, specifically Rule 82, which outlines the criteria for determining venue and the process for transferring a case. At the federal level, venue is determined by the U.S. Code, which includes considerations such as the residence of the parties, where the events occurred, and where the property involved is located. The federal court system is divided into districts, and cases must be filed in the appropriate district court. If a party seeks to change the venue in federal court, they must follow the procedures outlined in the Federal Rules of Civil Procedure.