Federal venue lies where any defendant resides if all reside in the same state, where a substantial part of the events occurred, or as a fallback where any defendant is subject to personal jurisdiction.
The defense is waived if not timely raised.
Alternative Names:
Venue Defect|Wrong Venue
Why it Matters?
Improper venue produces transfer rather than dismissal in most cases under Section 1406, which limits its value where the transferee forum is no better for the defendant. The defense is more useful paired with a forum selection clause pointing to a specific alternative. Waiver under Rule 12(h) applies, so the objection must appear in the first responsive filing alongside personal jurisdiction.
Frequently Confused with
Related terms
Frequently asked questions
Does improper venue produce dismissal?
When must the defense be raised?
