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 Utah, the concept of venue refers to the appropriate location within the state where a lawsuit can be initiated. State statutes, specifically the Utah Code of Civil Procedure, outline the criteria for determining proper venue. Generally, proper venue is based on where the defendant resides, where the cause of action arose, or where property involved in the lawsuit is located. If a defendant believes that the plaintiff has chosen an improper venue, they have the right to file a motion to change venue. The court will then consider factors such as convenience for parties and witnesses, and the interests of justice, to decide whether to grant the motion to transfer the case to a more appropriate venue. At the federal level, venue is determined by federal statutes, such as 28 U.S.C. § 1391, which also consider the residence of the parties and the location where the events giving rise to the lawsuit occurred. Similar to state court, a defendant in federal court can challenge the plaintiff's choice of venue and seek to have the case moved to a different federal district that is deemed proper under the law.