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Civil procedure

venue

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 Georgia, the concept of venue refers to the appropriate location for a trial within the state's judicial system. State law determines proper venue, and it is typically based on where the defendant resides, where a contract was executed or is to be performed, or where an injury occurred, among other factors. For civil cases, the Georgia Code (O.C.G.A. § 14-2-510) provides specific guidelines for determining the proper venue. In federal court cases, venue is determined by federal statutes, such as 28 U.S.C. § 1391, which consider factors like where the defendant resides or where a substantial part of the events giving rise to the claim occurred. 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 typically done early in the legal proceedings, and the court will decide whether or not to grant the transfer based on the applicable statutes and the interests of justice.

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Civil procedure

venue

Individual & Family Legal Plan

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Georgia State Code

Georgia State Code

Civil procedure

venue

Articles