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 Ohio, the concept of venue refers to the appropriate location within the state where a lawsuit can be initiated. State statutes, specifically the Ohio Revised Code, provide guidance on determining proper venue for different types of cases. Generally, venue is proper in the county where the defendant resides or where the cause of action arose. For corporations, venue may be proper where the company has its principal place of business or is conducting business. In federal cases, venue is determined by federal statutes, such as 28 U.S.C. § 1391, which typically allow for a lawsuit to be filed 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 Ohio Civil Rule 3(E) for state courts and 28 U.S.C. § 1404(a) for federal courts. The courts will consider factors such as the convenience of parties and witnesses, and the interests of justice when deciding whether to grant a motion to transfer venue.