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Civil procedure

venue

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 West Virginia, the concept of venue refers to the appropriate location within the state's judicial system where a lawsuit can be initiated. State statutes determine the proper venue for different types of cases. Generally, civil actions should be filed in the county where the defendant resides or does business, or where the cause of action arose. If the defendant is a non-resident of West Virginia, the plaintiff can choose the county where they reside or where the act leading to the lawsuit occurred. For cases in federal court, the venue is determined by the district where the defendant resides or where a substantial part of the events or omissions giving rise to the claim occurred. 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 factors such as convenience for parties and witnesses, and the interests of justice when deciding whether to grant the motion to transfer.

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Civil procedure

venue

Individual & Family Legal Plan

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West-Virginia State Code

West-Virginia State Code

Civil procedure

venue

Articles