Venue
The specific geographic location (county or district) where a court case should be filed and heard.
Venue refers to the specific geographic location – typically the county – where a case should be filed and heard. While jurisdiction determines which courts have the power to hear a case, venue determines which specific courthouse among those courts is the proper location.
In Minnesota, venue rules depend on the type of case:
- Civil cases: Generally filed in the county where the defendant lives or where the events giving rise to the lawsuit occurred.
- Criminal cases: Usually filed in the county where the alleged crime took place.
- Family law: Typically filed in the county where one of the parties resides.
- Probate: Filed in the county where the deceased person lived.
Key concepts:
- Change of venue: A party can ask the court to move the case to a different county. This might happen if pretrial publicity makes it hard to find an impartial jury, or if the case was filed in an improper venue.
- Forum selection clauses: Contracts sometimes include a clause specifying which county or state any disputes must be filed in.
- Venue vs. jurisdiction: A court might have jurisdiction (legal authority) to hear a case but still be the wrong venue (wrong location). If venue is improper, the case is usually transferred rather than dismissed.
Example: A resident of Hennepin County is injured in a car accident in Ramsey County. The lawsuit could be filed in either county – Ramsey County because that is where the accident happened, or Hennepin County if the defendant also lives there.
When deciding which county courthouse to file a case in, or when one side argues the case should be moved to a different location.