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 Mississippi, the concept of venue refers to the appropriate location for a trial within the state's judicial system, which is typically determined by statutes. For state court cases, venue is often based on the county where the defendant resides, where the cause of action occurred, or where the property in dispute is located. Mississippi Code Title 11 - Civil Practice and Procedure, specifically sections 11-11-1 to 11-11-19, outlines the rules for determining proper venue in civil actions. 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 Mississippi Rule of Civil Procedure 82, which provides the criteria for changing venue. In federal court cases, the venue is determined by the U.S. Code Title 28, Section 1391, which sets the rules for venue in general federal jurisdiction cases, and the case may be filed in a district where any defendant resides, where a substantial part of the events or omissions giving rise to the claim occurred, or where any property involved may be found. If the current venue is deemed improper, a defendant can seek to transfer the case to a proper district under 28 U.S.C. § 1404(a) for convenience of parties and witnesses, and in the interest of justice.