Venue

Question 1

how does defendant object to venue?

Answer 1

1. A defendant must file an objection to venue within 21 days of service of process upon the defendant.
2. In its pleading, a defendant must set forth where it believes venue to be proper.

Question 2

Does a case get dismissed for improper venue?

Answer 2

No, Venue is not jurisdictional in Virginia and no case shall be dismissed on that basis.

Question 3

When should a court hear an objection to Venue? What happens if objections to Venue are heard too late?

Answer 3

The matter shall be heard promptly by the court.

Consider timing of when D filed the motion and when the court ruled on the matter. If too long then D may have waived its objection to venue

Question 4

Category B Venue

Answer 4

Category B Venue: venue would be proper where either of the defendants resides, or where a defendant has appointed a registered agent to receive process, or where the cause of action arose.

Personal injury is category b