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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 Delaware, the concept of venue pertains to the appropriate geographic location where a lawsuit can be initiated. For state court cases, this typically refers to the proper county, while in federal court cases, it refers to the correct district. The determination of proper venue in Delaware is guided by state statutes, which consider factors such as the residence of the parties, the location where the cause of action arose, and the convenience for the parties and witnesses. Delaware's court rules allow a defendant to challenge the plaintiff's choice of venue by filing a motion to transfer the case to a more appropriate venue. This motion must be filed in a timely manner and the defendant must demonstrate that the plaintiff's chosen venue is improper according to statutory guidelines or that another venue is more convenient for the parties and witnesses involved in the case.

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Civil procedure

venue

Individual & Family Legal Plan

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Delaware State Code

Delaware State Code

Civil procedure

venue

Articles