Federal Venue Statute (28 U.S.C. § 1391)
The general federal venue statute. Applies in any federal civil action where venue is not governed by a more specific statute.
§ 1391(b) — Where Venue Is Proper
Venue is proper in any district:
- Where any defendant resides, if all defendants reside in the same state
- Where a substantial part of the events or omissions giving rise to the claim occurred, or where a substantial part of the property in dispute is situated
- Where any defendant is subject to personal jurisdiction — but only if there is no district in which the action may otherwise be brought (fallback provision)
§ 1391(c) — Residence of Defendants
| Defendant Type | Residence |
|---|---|
| Natural person | District of domicile |
| Entity (corporation, LLC, etc.) | Any district in which it is subject to personal jurisdiction with respect to the action |
| Defendant not residing in U.S. | May be sued in any district |
Transfer of Venue (§ 1404)
Even when venue is proper, the court may transfer to a more convenient forum. See Change of Venue (28 U.S.C. § 1404).
Venue Defects
- Improper venue may be waived if not raised in a pre-answer motion or the answer (Leroy v. Great Western United Corp.)
- Court may dismiss or, in the interest of justice, transfer to a district where it could have been brought (§ 1406)