Venue

Question 1

What is venue?

Answer 1

Which court in the state will hear a case. VA statutes designate PREFERRED VENUES and PERMISSIBLE VENUES

Question of venue is only raised if SMJDX and PJDX are satisfied.

Question 2

What are the consequences of improper venue?

Answer 2

Will not render a judgment void or voidable. Venue is simply a matter of ensuring a convenient geographical forum.

Question 3

Preferred/Category “A” Venue – review of appeal from or enforcement of state administrative regulations, decisions, or orders

Answer 3

In the county or city where aggrieved party or moving party: resides, regularly/systematically conducts affairs or business activity, or wherein that party’s property that is affected is located

Question 4

Preferred/Category “A” Venue – where moving or aggrieved party is VA or agency

Answer 4

In the county or city where the respondent/D: resides, regularly or systematically conducts affairs or business activity, or has any property affected by the admin action

Question 5

Preferred/Category “A” Venue – against one or more officers of VA in official capacity

Answer 5

In the county or city where that person has his official office

Question 6

Preferred/Category “A” Venue – relating to land

Answer 6

Will lie in city or county where the land is situated in the following actions:
-to recover or partition land
-to subject land to a debt
-to transfer or encumber the land of a person under a disability
-to sell wastelands
-to establish boundaries
-for unlawful entry or detainer
-for ejectment
-to remove clouds on title

Question 7

Preferred/Category “A” Venue – mandamus, prohibition, certiorari

Answer 7

In city or county of the record or proceeding to which the writ relates

Question 8

Preferred/Category “A” Venue – on bond required for public project

Answer 8

in city or county in which project is situated

Question 9

Preferred/Category “A” Venue – to impeach or establish will

Answer 9

In city or county where will was probated, or if not probated, where it could be offered for probate

Question 10

Preferred/Category “A” Venue – on contract between Transportation District and Component Government

Answer 10

any city or county of which a party is within the transportation district

Question 11

Preferred/Category “A” Venue – attachments

Answer 11

With reference to the principal D and those liable with or to him, venue will be determined as if the principal D were the sole D, or preferred venue lies in the county or city in which principal D has an estate or has debts owing to him

Question 12

Preferred/Category “A” Venue – proceedings by writ of quo warranto

Answer 12

In the city or county where any D resides; if D is a corporation, the city or county where its registered office is or where its mayor, rector, president, or chief officer resides; if neither applies, Richmond

Question 13

Preferred/Category “A” Venue – to award injunction

Answer 13

judgment/proceeding in CC? venue in court in county/city where judgment rendered or proceeding is pending

judgment/proceeding in DC? venue in CC in city/county in which judgment was rendered or proceeding is pending

any other act, venue in CC of county/city in which act is to be done, or being done, or is apprehended to be done or proceeding is pending

Question 14

Preferred/Category “A” Venue – suits for annulment, affirmance, or divorce

Answer 14

County or city which parties last cohabited, or at the option of P, in county/city in which D resides if D is VA resident

Question 15

PERMISSIBLE/Category “B” Venue - what locales are permissible for which no preferred venue is specified?

Answer 15

1. where D resides or has his principal place of employment, or if D a corporation, where its mayor/rector/president/chief officer resides
2. where D has a registered office or agent appointed for service of process, or if D has left VA, where venue was proper at time of departure
3. where D regularly conducts substantial business activity or in case of D’s departure from VA, where venue was proper at time of departure
4. wherein the cause of action or any part arose
5. in actions to recover or partition personal property, the county or city where property is located, evidence of such property is located, or if neither, where P resides
6. in actions where fiduciary appointed by court, where fiduciary is qualified
7. message transmission improper or improper delivery cases, where message was transmitted or delivered or where message was accepted for delivery
8. where goods were received if action based on receipt of goods
9. if none above, where D has property or debts owed to him subject to seizure by civil process
10. where any P resides if Ds are all unknown or are nonresidents OR there is no other forum available

Question 16

What happens if venue is improper?

Answer 16

D may object, but, no action is to be dismissed for improper venue if there is a VA forum where venue is proper.

Question 17

How long does D have to object to venue?

Answer 17

21 days. If no objection, venue is waived. However, waiver by one D is not effective as to any other D entitled to object.

Question 18

What happens if objection to venue is granted?

Answer 18

Court must order transfer of venue to a proper venue and notify each party.

Question 19

What if the D whose presence created venue is dismissed from an action?

Answer 19

Remaining Ds may object to venue within 10 days after dismissal if remaining Ds can demonstrate that the dismissed D was not properly joined or was added as a D for purpose of creating venue.

Question 20

What are the special venue rules for DCs?

Answer 20

Objections to venue must be made in writing on or before the day of trial.

Initial pleading in DC must clearly inform D of the right to object to venue if action is brought in an improper forum.

Question 21

Venue with multiple defendants

Answer 21

Venue will not be subject to objection if one or more of the parties is entitled to preferred venue and the action is in that preferred venue.

In any other action, venue will not be subject to objection if it is proper as to any party.

Question 22

Transfer of venue versus forum non conveniens

Answer 22

On motion of either party and for good cause shown, court may:

1. dismiss action brought by nonresident without prejudice if the claim arose outside of VA and court determines that a more convenient forum with JDX over ALL parties is available in a JDX other than VA; OR
2. transfer action to a fair and convenient forum that has JDX within VA

Good cause includes but is not limited to parties’ agreement, avoidance of substantial inconvenience to parties/witnesses, or complying with other law

Question 23

May an action for which there is a preferred venue be transferred/retained by a non-preferred venue?

Answer 23

No EXCEPT by agreement of the parties.