Legal Definition of Venue
The county in which the facts are alleged to have occurred and in which the trial will be held.2 min read
The county in which the facts are alleged to have occurred and in which the trial will be held.
Venue is the legally proper place where a particular case should be filed or handled. Every state has rules determining the proper venue for different types of lawsuits. For example, the venue for a paternity suit might be the county where the mother or the man alleged to be the father lives; the suit couldn't be brought in an unrelated county at the other end of the state. The state, county or district in which a lawsuit is filed or a hearing or trial in that action is conducted is called the forum.
The venue is the county from which the jury are to come, who are to try the issue.
As it is a general rule, that the place of every traversable fact stated in the pleadings must be distinctly alleged, or at least that some certain place must be alleged for every such fact, it follows that a venue must be stated in every declaration.
Venue in Local Actions
In local actions, in which the subject or thing to be recovered is local, the true venue must be laid; that is, the action must be brought in that county where the cause of action arose: among these are all real actions, and actions which arise out of some local subject, or the violation of some local rights or interest; as the common law action of waste, trespass quare clausum fregit, trespass for nuisances to houses or lands disturbance of right of way, obstruction or diversion of ancient water courses, etc.
Venue in Transitory Actions
In a transitory action, the plaintiff may lay the venue in any county he pleases; that is, he may bring suit wherever he may find the defendant and lay his cause of action to have arisen there even though the cause of action arose in a foreign jurisdiction.