When is venue improper

Gisclair , So. When an action is filed in an improper venue, Florida Rule of Civil Procedure 1. See also, McClain v. Crawford , So. Ross , So. Florida Rule of Civil Procedure 1.

Importantly, an objection to venue is waived if not timely raised. Historically, venue statutes have preferred the convenience of resident defendants and have granted only limited choices to plaintiffs.

Carroll v. Carroll , So. The privilege is only extended to Florida residents. Prosperity Bank of St. Augustine , So. A defendant may move to dismiss the case if the court where the action was filed is an improper venue to hear the case, or if the process or service of process was insufficient. Venue is the proper place for a lawsuit to proceed by there being a connection with the events leading to the lawsuit, a connection to the parties of the lawsuit, or if there is an agreement between the parties as to venue such as in a contract.

For example, if a plaintiff lives in Richland, WA, the defendant lives in Kennewick, Washington and they got into a car accident in West Richland, WA; then the proper venue would be the Benton County Superior Court since both parties and the accident occurred in Benton County Washington. Now if a plaintiff lives in Kennewick, WA and the defendant and car accident occurred in Pasco, WA, then the proper venue would be Franklin County Superior Court which is where the defendant and car accident occurred.

A contract between two parties may have a forum selection cause for where a civil action is to be heard. Meaning, there is agreement for where an action is to be brought. Washington courts will typically enforce these clauses, unless the nonmoving parties is able to establish that the clause was unfair or unreasonable and should not be enforced.

The location of the place of trial or venue of a legal proceeding in New York State is the location where the action is brought.

The plaintiff, as the party bringing the proceeding, generally gets to choose, in the first instance, venue. In such instances, a defendant has an opportunity to change the Improper Venue Selection to a proper one.

See CPLR 1. See CPLR 2 and 3. There are specific procedures that must be employed to, and certain circumstances under which a party may, change venue. The purpose of this post is to briefly outline some of those basic procedures. CPLR a provides that:. A party resident in more than one county shall be deemed a resident of each such county. See CPLR , , , , and Similarly, courts will enforce contractual venue provisions.

Center , A. CPLR a and b.