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Civil procedure

venue

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 California, the concept of venue refers to the appropriate location within the state where a lawsuit can be initiated. The determination of proper venue is governed by the California Code of Civil Procedure. Generally, venue is proper in the county where the defendant resides, where the contract was entered into or to be performed, or where the injury occurred, among other criteria. If a defendant believes that the plaintiff has filed a lawsuit in an improper venue, they may file a motion to change venue. The court will then consider factors such as convenience to the parties, the interests of justice, and the location of witnesses and evidence. Federal cases follow similar principles but are determined by the federal venue statute, 28 U.S.C. § 1391, which considers the residence of the parties and where the events giving rise to the claim occurred. If a case is filed in the wrong federal district, the defendant can seek to transfer the case to a proper district under 28 U.S.C. § 1404(a) for convenience or 28 U.S.C. § 1406(a) if the venue is wrong or improper.

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Civil procedure

venue

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Civil procedure

venue

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