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 New Hampshire, the concept of venue refers to the appropriate location within the state where a lawsuit can be initiated. State statutes determine the proper venue for different types of cases. Generally, civil actions should be filed in the county where one of the parties lives or where the cause of action arose. If the defendant believes that the plaintiff has chosen an improper venue, they have the right to request a change of venue. The court will then consider factors such as the convenience of parties and witnesses, and the interests of justice to determine if the venue should be moved. In federal cases, the venue is determined by the U.S. District Court that has jurisdiction over the area where the defendant resides or where the events giving rise to the lawsuit occurred. Similar to state court, a defendant in federal court can file a motion to change the venue under certain circumstances, such as when the chosen venue is not the most convenient or if it would be prejudicial to the defendant.