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 Dakota, the proper venue for a lawsuit is typically determined by state statutes, which consider factors such as the location where the cause of action arose, the residence of the parties involved, or where the subject matter of the lawsuit is situated. For example, SDCL 15-5-3 outlines that actions for the recovery of real property or an estate or interest therein should be tried in the county where the property is located. If a defendant believes that the plaintiff has chosen an improper venue, they may file a motion to change venue under SDCL 15-5-11 to 15-5-17. The court will then decide whether to grant the motion based on the legal criteria for venue. In federal court, the venue is determined by 28 U.S.C. § 1391, which generally allows a civil action to be filed in a judicial district where any defendant resides, where a substantial part of the events or omissions giving rise to the claim occurred, or if there is no district in which the action may otherwise be brought, any judicial district in which any defendant is subject to the court's personal jurisdiction. The defendant can seek to transfer the case to a more appropriate district under 28 U.S.C. § 1404(a) if they believe the chosen venue is not proper or for the convenience of parties and witnesses.