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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 Nebraska, the venue for a lawsuit is typically determined by state statutes, which outline the appropriate county or judicial district where a case should be filed. For state court actions, the Nebraska Revised Statutes dictate the proper venue based on factors such as the residence of the parties, where the cause of action arose, or where the subject matter of the lawsuit is located. In federal court cases, the venue is determined by the U.S. Code, which considers the residence of the defendants, where the events giving rise to the claim occurred, and where the property in dispute may be found. 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 motion must be filed in accordance with the rules of the specific court and is subject to judicial discretion. The court 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 motion to transfer venue.

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Civil procedure

venue

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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Nebraska State Code

Civil procedure

venue

Nebraska State Code

Articles