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 South Carolina, the venue for a lawsuit is typically determined by state statutes, which outline the appropriate county or judicial district where a case should be filed. The South Carolina Code of Laws provides guidance on venue in Title 15 - Civil Remedies and Procedures. Generally, proper venue is based on factors such as the county where the defendant resides, where the cause of action arose, or where the property in dispute is located. 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 known as a motion for a change of venue. The court will then consider factors such as convenience to the parties, the location of witnesses, and the interests of justice to determine whether to grant the motion. In federal court cases, venue is determined by federal statutes, such as 28 U.S.C. § 1391, which sets out the guidelines for determining the proper district for filing a lawsuit. The defendant in a federal case also has the right to seek a transfer of venue to a more appropriate federal district under certain circumstances, as outlined in 28 U.S.C. § 1404(a).