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 Kentucky, the concept of venue refers to the appropriate location within the state where a legal case can be filed and heard. State statutes determine the proper venue for different types of cases. Generally, civil cases can be filed in the county where the defendant resides, where the cause of action occurred, or where the property in dispute is located. For criminal cases, the venue is typically the county where the crime was committed. Kentucky Rules of Civil Procedure (CR) Rule 82 dictates the venue for actions against individuals, corporations, and in special situations. 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 CR Rule 12.03, which allows a defendant to move for a change of venue on the grounds of improper venue, among other defenses. In federal cases, the venue is determined by federal statutes, such as 28 U.S.C. § 1391, which sets the venue based on where the defendant resides, where a substantial part of the events occurred, or where the property in question is situated. If the current venue is deemed improper, a federal court may transfer the case to a proper venue under 28 U.S.C. § 1404(a) for the convenience of parties and witnesses, and in the interest of justice.