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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 New Jersey, the concept of venue refers to the appropriate location within the state where a lawsuit can be initiated. For state court cases, venue is typically determined by the New Jersey Court Rules, which consider factors such as the county where the cause of action arose, where the parties reside, or where the property in dispute is located. For federal cases, the venue is determined by the U.S. Code, particularly 28 U.S.C. § 1391, which considers the residence of the parties, where the events giving rise to the suit occurred, and where the property in question is situated. If a defendant believes that the plaintiff has chosen an improper venue, they may file a motion to transfer the case to a more appropriate venue. This is governed by Rule 4:3-3 in the New Jersey Court Rules for state cases and 28 U.S.C. § 1404 for federal cases. The courts will consider factors such as convenience for parties and witnesses, and the interests of justice when deciding whether to grant a change of venue.

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Civil procedure

venue

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Civil procedure

venue

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