Venue

Question 1

What is Venue?

Answer 1

The venue is the designation of whether a county is a proper county in which to bring an action.

Question 2

Can there be more than one venue?

Answer 2

Yes, Florida law includes both general venue statutes and specific venue statutes.

Question 3

What are general Venue Statutes?

Answer 3

D reside in FL, single D: the person lives in the county, D has property, the county in which the cause of action occurred, the county in which the property is located. Nonresidents can be sued in any venue/Florida county.

Question 4

What are the special venue statutes?

Answer 4

Corporations, landlords, and probates issues need to have actions filed in the court in a county where the domestic corporation is located, or their rep, the cause of action accrued, or the property is located.

Question 5

What do you do when there is an improper venue?

Answer 5

Ask for a motion to transfer/dismiss.

Question 6

When should you ask for a motion to transfer/dismiss for improper venue?

Answer 6

This should be raised prior to or upon the deadline for service of the D responsive pleading (20days after service). Failure to do so waives this defense.

Question 7

What does a motion to transfer do?

Answer 7

It transfers the case between courts or between counties.

Question 8

What does a motion to dismiss for improper venue do?

Answer 8

It dismisses the case without prejudice once. This is not preferred. IT is preferred to transfer.

Question 9

What is a motion to change the venue and why is it different than a transfer motion?

Answer 9

This is to move the venue to a different place because of 1). they cant get a qualified jury in the current venue

2) . there will not be a fair trial in the current county because the nonmoving party possesses an undue influence over the county’s inhabitants.
3) .The Defendant is so odious that the movant will not be able to get a fair trial in this county.