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 Wisconsin, the concept of venue refers to the appropriate geographic location where a lawsuit can be initiated. State statutes, such as Wisconsin Statutes Chapter 801, govern the determination of proper venue for state court cases. Generally, proper venue is based on factors such as the residence of the parties, where the cause of action arose, or where the property in dispute is located. For federal court cases, venue is determined by federal statutes, including 28 U.S.C. § 1391, which consider similar factors such as the defendant's residence, where a substantial part of the events occurred, or where the property in question is situated. 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 typically done early in the legal proceedings, and the court will consider various factors, including the convenience of parties and witnesses, as well as the interests of justice, when deciding whether to grant the motion to transfer venue.