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 Nevada, the venue for a lawsuit is typically determined by the Nevada Revised Statutes (NRS). For state court cases, the proper venue is generally the county where the defendant resides or where the cause of action arose, as outlined in NRS Chapter 13. For example, NRS 13.010 specifies that actions for the recovery of real property or for injury to real property should be commenced in the county where the property is situated. In federal court cases, the venue is determined by federal statutes such as 28 U.S.C. § 1391, which provides guidelines on where a civil action may be brought, usually based on where the defendant resides or where a substantial part of the events or omissions giving rise to the claim occurred. 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 is governed by NRS 13.050 for state cases and 28 U.S.C. § 1404 for federal cases, which allow for the transfer of a case for the convenience of parties and witnesses and in the interest of justice.