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 North Carolina, the rules for determining the proper venue for a lawsuit are set forth in the North Carolina General Statutes. Generally, civil actions must be filed in the county where the defendant resides or where the cause of action arose. If there are multiple defendants, the action can be brought in any county where one of the defendants resides. If none of the defendants reside in the state, the plaintiff can choose any county. For corporations, the venue is proper in any county where it maintains its principal office, or where it is doing business, or where the cause of action arose. If a defendant believes that the chosen venue is not proper, they may file a motion to change venue. The court will then decide whether to grant the motion based on factors such as the convenience of witnesses, the promotion of justice, and the avoidance of unnecessary expenses. In federal court, the venue is determined by federal statutes, such as 28 U.S.C. § 1391, which generally allow a lawsuit to be filed where any defendant resides, where a substantial part of the events or omissions giving rise to the claim occurred, or where any real property involved in the action is situated.