Define: Venue

Venue
Venue
Quick Summary of Venue

State laws or court rules that establish the proper court to hear a case, often based on the convenience of the defendant. Because state courts have jurisdiction to hear cases from a wide geographical area (for example, California courts have jurisdiction involving most disputes arising between California residents), additional rules, called rules of venue, have been developed to ensure that the defendant is not needlessly inconvenienced. For example, the correct venue for one Californian to sue another is usually limited to the court in the judicial district where the defendant lives, an accident occurred or a contract was signed or to be carried out. Practically, venue rules mean that a defendant can’t usually be sued far from where he lives or does business, if no key events happened at that location. Venue for a criminal case is normally the judicial district where the crime was committed.

Full Definition Of Venue

The venue is the geographical area where a specific court can hear a case. Sometimes it is the same location where the trial occurred, unless either the defendant or plaintiff requests a change of venue due to issues which may make it impossible to get a fair trial, such as negative publicity.

For civil procedures, you will need to understand your state’s jurisdictional requirements and federal rules of civil procedure. As the plaintiff, it is your burden to show that a particular court has jurisdiction over your lawsuit. For example, federal courts will settle questions of federal law and issues between parties of different states if the amount is higher than a specific level (i.e. $50,000).

To prove a court has jurisdiction it may depend on the facts of the case and the parties involved in the controversy. Identifying the jurisdiction is the first step; the next step is making sure you have chosen the right court. In the US, State courts typically have two or three-tier systems. For example, if you have a small claim which is less than $5,000 you must file in small claims court. For claims which are less than $25,000, you must file in a municipal. Superior courts can hear cases for more than $25,000. Other courts will hear specific cases such as family courts or probate courts.

Venue, however, refers to the appropriate court which is geographically close to the parties who are involved in the lawsuit. Some states have passed mandatory venue rules for certain types of lawsuits.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.

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