Venue Flashcards
(29 cards)
What is the definition of venue?
Venue refers to the proper forum or geographical place for a court to hear a case.
What happens if a defendant does not timely object to improper venue?
The issue is waived and the court may hear the matter unless other grounds, such as lack of jurisdiction, prevent it.
What is the time for testing venue?
Venue is tested as of the commencement of the action.
What are ‘Category A’ venues?
Statutorily designed preferred venues where actions must be brought if applicable.
In a divorce action, where is venue proper?
Venue is proper in the city or county where the couple last cohabited or where the defendant resides if a Virginia resident.
Where is venue proper for an action to impeach or establish a will?
Venue is proper in the city or county where the will was probated.
In a Virginia Tort Claims Action, where is venue generally proper?
Venue is generally proper where the claimant resides or where the act or omission complained of occurred.
For land-related actions, where is venue proper?
Venue is proper where the land, or a portion of the land, is located.
In a distress action, where is venue proper?
Venue is proper in the city or county where the premises generating some or all of the rent is located.
Where is venue proper for an action for a writ of mandamus?
Venue is proper where the record or proceeding to which the writ relates is located.
In a writ of quo warranto proceeding, where is venue generally proper?
Venue is generally proper in the city or county where any of the defendants reside.
In an action to disbar or suspend an attorney, where is venue proper?
Venue is proper where the defendant resides, has his principal office, or where any misconduct occurred.
In an action regarding a state administrative regulation, where is venue proper?
Venue is proper where the affected party resides or where the violation occurred.
Where is venue proper for the collection of taxes?
Venue is proper where the taxpayer resides, owns property, or regularly conducts business.
In an action on bonds required for public contracts, where is venue proper?
Venue is proper where the public project, or any part of the project, is situated.
What are permissible venues?
Venues that may be used if ‘Category A’ preferred venues are not applicable.
What is a fallback permissible venue?
Venue is proper in the county or city where the defendant has property or debts owing to him subject to seizure.
In a construction contract involving a structure in Virginia, where is venue proper?
Venue is proper where the construction project is located.
In an action involving multiple parties with one preferred venue, where is venue proper?
Venue is proper in that preferred venue.
How is an objection to venue raised?
By a motion to transfer that states where venue would be proper and why it is not proper where the action was brought.
What is the timing for filing a motion objecting to venue in a circuit court?
The motion must be filed within 21 days after service of process.
What happens if a party whose presence created venue is dismissed?
A remaining defendant may object to venue within 10 days after the dismissal.
What is the effect of failing to timely object to improper venue?
It constitutes a waiver of the issue.
What may the court do in a divorce or annulment action not brought in the preferred venue?
The court may transfer the action to a proper preferred venue within 60 days of service.
