venue

Formerly spelled visne.

In common law pleading and practice, a neighborhood; the neighborhood, place, or county in which an injury is declared to have been done, or fact declared to have happened. 3 Bl. Comm. 294. The particular county, or geographical area, in which a court with jurisdiction may hear and determine a case. Venue deals with locality of suit, that is, with question of which court, or courts, of those that possess adequate personal and subject matter jurisdiction may hear the specific suit in question. Japan Gas Lighter Ass'n v. Ronson Corp., D.C.N.J., 257 F.Supp. 219, 224.

It relates only to place where or territory within which either party may require case to be tried. Leege v. Strand, 384 P.2d 665, 668.

It has relation to convenience of litigants and may be waived or laid by consent of parties. Iselin v. La Coste, C.C.A.La., 147 F.2d 791, 795.

In the federal courts, the term refers to the district in which the suit is brought. Venue may be determined by where the action arose or where the parties reside or conduct their business. The venue statute for civil actions in federal district courts is 28 U.S.C.A. No. 1391.

In federal cases the prosecutor's discretion regarding the location of the prosecution is limited by Article III, No. 2, U.S.Const., which requires trial in the state where the offense "shall have been committed," and the Sixth Amendment, which guarantees an impartial jury "of the state and district wherein the crime shall have been committed."

See also Federal criminal cases below

Venue does not refer to jurisdiction at all. Arganbright v. Good, 46 Cal.App.2d Supp. 877, 116 P.2d 186.

"Jurisdiction" of the court means the inherent power to decide a case, whereas "venue" designates the particular county or city in which a court with jurisdiction may hear and determine the case. Village of Oakdale v. Ferrante, 44 Ohio App.2d 318, 338 N.E.2d 767, 769.

As such, while a defect in venue may be waived by the parties, lack of jurisdiction may not.

See also change of venue

- forum conveniens

- forum non conveniens.

Federal criminal cases.

Except as otherwise permitted by statute or by the rules, the prosecution shall be had in a district in which the offense was committed. The court shall fix the place of trial within the district with due regard to the convenience of the defendant and the witnesses. Fed.R.Crim.P. 18 et seq

@ venue facts

Facts to be established at hearing on plea of privilege. Central Motor Co. v. Roberson, Tex.Civ. App., 139 S.W.2d 287, 289.

Facts which by statute constitute an exception to the general right of a defendant to be sued in the county of his residence. Crawford v. Sanger, Tex.Civ.App., 160 S.W.2d 115, 116

@ venue jurisdiction

Power of the particular court to function. Brand v. Pennsylvania R. Co., D.C.Pa., 22 F.Supp. 569, 571.

See also venue

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