Venue

Question 1

VENUE

Answer 1

Venue determines the judicial district in which a lawsuit may be
filed or commenced. Venue is proper in a judicial district where:

1. ANY defendant resides, IF all the defendants reside in the
   same state;
2. A substantial part of the events or omissions giving rise to the
   claim occurred, or a substantial part of property that is the
   subject of the action is located; OR
3. If there is NO district anywhere in the United States that
   satisfies (1) or (2), a judicial district in which ANY defendant is
   subject to personal jurisdiction.

Question 2

INDIVIDUALS’ RESIDENCE FOR
VENUE PURPOSES

Answer 2

An individual is deemed to reside in
the judicial district where he is domiciled.

Question 3

BUSINESS ENTITIES’ RESIDENCE
FOR VENUE PURPOSES

Answer 3

A business entity is deemed to
reside in any judicial district where
the entity is subject to personal
jurisdiction with respect to the
action in question.

Question 4

FOREIGN DEFENDANTS’
RESIDENCE FOR VENUE PURPOSES

Answer 4

A defendant who is NOT a resident
of the United States, whether a U.S.
citizen or an alien, may be sued in
ANY judicial district.

Question 5

CHANGE OF PROPER VENUE

Answer 5

If venue is proper, the court may
nonetheless transfer the case for the
convenience of the parties or witnesses to any court where the case could have been originally filed (i.e., the transferee court must have valid SMJ + personal jurisdiction over the defendant + proper venue).

Question 6

CHANGE OF IMPROPER VENUE

Answer 6

If venue is improper, the court MUST:

1. Dismiss the case; OR
2. Transfer the case to a venue in which the case could have been originally filed (i.e., the transferee court must have valid SMJ + personal
   jurisdiction over the defendant + proper venue).

Question 7

CHOICE OF LAW IN A CHANGE OF

PROPER VENUE

Answer 7

If a court transfers a case to another venue, the law that the transferee court must apply depends on whether the original venue was proper and the type of case involved. If the transferor court had proper venue:

1. In a diversity case, the transferee court must apply the law that would have been applied in the district court that transferred the case.
2. In a federal question case, the transferee court must apply the federal law as interpreted by its own federal court of appeals.