Difference between revisions of "Venue"

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  A district court has the discretion to allow for a change of venue, for the convenience of the parties and witnesses or in the interests of justice, to any district or division where the proceeding might have been originally brought.  In other words, a district court can allow for a change of venue only to another district or division of proper venue - parties cannot seek to change venue to a location lacking the proper foundation for venue to hear the matter.   
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<ref> http://www.law.cornell.edu/uscode/28/usc_sec_28_00001404----000-.html </ref>  A district court has the discretion to allow for a change of venue, for the convenience of the parties and witnesses or in the interests of justice, to any district or division where the proceeding might have been originally brought.  In other words, a district court can allow for a change of venue only to another district or division of proper venue - parties cannot seek to change venue to a location lacking the proper foundation for venue to hear the matter.   
  
  A change of venue may also be proper in the case of high-profile matters where it may be impossible to find fair and unbiased jurors in the given venue because of a high level of publicity of the events giving rise to the action.  
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<ref> http://definitions.uslegal.com/c/civil-procedure-venue/ </ref>  A change of venue may also be proper in the case of high-profile matters where it may be impossible to find fair and unbiased jurors in the given venue because of a high level of publicity of the events giving rise to the action.  
  
  
  
In civil cases, the proper recourse for challenging venue is a motion to dismiss under Federal Rules of Civil Procedure 12(b)(3).  
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In civil cases, the proper recourse for challenging venue is a motion to dismiss under Federal Rules of Civil Procedure 12(b)(3). <ref> http://www.law.cornell.edu/rules/frcp/Rule12.htm </ref>
  
 
A case transferred by removal from a state court to a federal court goes to the federal court in the district where the state action was started.
 
A case transferred by removal from a state court to a federal court goes to the federal court in the district where the state action was started.
 
  
 
== Notes ==
 
== Notes ==

Revision as of 16:56, 11 October 2010