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 Missouri, the venue for a lawsuit is typically determined by state statutes, which consider factors such as where the defendant resides, where the cause of action occurred, or where the property in dispute is located. Missouri Revised Statutes (RSMo) provide specific guidelines for determining the proper venue in different types of cases. For example, in personal injury cases, the proper venue may be the county where the injury occurred or where the defendant resides. In contract disputes, it could be where the contract was signed or to be performed. 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 RSMo 508.010 and following sections, which outline the procedure and grounds for such a transfer. In federal court, the venue is determined by the U.S. Code, specifically 28 U.S.C. § 1391, which considers where the defendant resides, where a substantial part of the events or omissions giving rise to the claim occurred, or if there is no district where the action may otherwise be brought. Defendants in federal cases can also seek to transfer venue under 28 U.S.C. § 1404(a) for convenience of parties and witnesses, or in the interest of justice.