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 Mexico, the venue for a lawsuit is typically determined by the New Mexico Rules of Civil Procedure or specific state statutes that dictate the proper location for filing a case. Generally, civil cases should be filed in the county where the defendant resides or where the incident that gave rise to the lawsuit occurred. If the case is federal or involves federal law, it should be filed in the appropriate federal district court, which in New Mexico is the United States District Court for the District of New Mexico. If a defendant believes that the plaintiff has filed a lawsuit in an improper venue, they can file a motion to change venue. The court will then decide whether the venue is appropriate based on factors such as the convenience of parties and witnesses, and the interests of justice. The New Mexico statutes and federal rules provide guidance on when a court may grant a change of venue.