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 Hawaii, the concept of venue refers to the appropriate location within the state where a lawsuit can be initiated. The Hawaii Revised Statutes (HRS) outline the rules for determining proper venue for state court cases. Generally, venue is proper in the county where the defendant resides, where the cause of action arose, or where the property in dispute is located. For corporations, venue is typically proper where the corporation does business or has an office. In federal cases, venue is determined by federal statutes, such as 28 U.S.C. § 1391, which consider factors like where the defendant resides, where a substantial part of the events or omissions giving rise to the claim occurred, or where the property that is the subject of the action is situated. 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. The courts will consider factors such as convenience to the parties, the interests of justice, and the location of witnesses and evidence when deciding whether to grant a transfer.