Venue is the geographic location (county in state court or district in federal court) where a lawsuit may be filed. Proper venue is usually determined by statute, and upon the filing of a lawsuit, the defendant may seek to transfer (move) the venue to a proper venue if it believes the plaintiff’s choice of venue is not a proper venue.
In Florida, the concept of venue refers to the appropriate location within the state where a lawsuit can be initiated. The Florida Statutes outline the criteria for determining proper venue in civil cases. Generally, proper venue is where the defendant resides, where the cause of action occurred, or where the property in litigation is located. For corporations, venue is proper where they have their principal place of business, or where they are doing business. If a defendant believes that the plaintiff has chosen an improper venue, they may file a motion to transfer the case to a proper venue. This is governed by Florida Rule of Civil Procedure 1.060. In federal cases, venue is determined by 28 U.S.C. § 1391, which typically allows for venue in the district where any defendant resides, where a substantial part of the events or omissions giving rise to the claim occurred, or if there is no district in which the action may otherwise be brought, any district in which any defendant is subject to the court's personal jurisdiction. A defendant in federal court can seek to transfer venue under 28 U.S.C. § 1404(a) for convenience of parties and witnesses, or if the current venue is improper under 28 U.S.C. § 1406(a).