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 Virginia, the concept of venue refers to the appropriate location within the Commonwealth where a lawsuit can be initiated. The proper venue for a case is typically determined by state statutes, which consider factors such as where the cause of action arose, where the defendant resides or conducts business, or where a contract was to be performed. Virginia's statutes provide specific guidelines for determining the proper venue in both civil and criminal cases. For civil cases, Virginia Code § 8.01-257 and following sections outline the rules for venue, including special provisions for certain types of cases. 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 Virginia Code § 8.01-265, which allows for the transfer of venue for the convenience of parties and witnesses or if there is a reason to believe that the plaintiff will not receive a fair trial in the original venue. In federal cases, the venue is determined by federal statutes, such as 28 U.S.C. § 1391, which sets the rules for venue in civil actions in federal district courts. The defendant in a federal lawsuit can also seek to transfer the case to a different district under certain circumstances, as outlined in 28 U.S.C. § 1404(a).