28 U.S.C. § 1391

Definition

28 U.S.C. § 1391 is a federal statute that outlines the rules for determining the proper venue for civil actions in United States courts. This section establishes where a lawsuit may be filed based on the residence of the parties, the location where a substantial part of the events giving rise to the claim occurred, or where the property in question is located. Understanding this statute is crucial for determining the correct court for filing a case, which can impact jurisdiction and procedural rights.

5 Must Know Facts For Your Next Test

1. 28 U.S.C. § 1391 provides three different bases for venue: where any defendant resides, where a substantial part of the events occurred, or where property related to the action is situated.
2. In cases with multiple defendants, venue is appropriate in any district where any of the defendants reside, provided they are subject to personal jurisdiction.
3. When determining venue under § 1391, it's important to consider whether the case involves federal questions or diversity of citizenship.
4. This statute applies only to civil actions in federal courts, meaning it does not affect venue in state courts.
5. Venue challenges must be raised in a timely manner, usually in the defendant's first responsive pleading or motion.

Review Questions

• How does 28 U.S.C. § 1391 determine proper venue in civil actions, and what are its implications for litigants?
  • 28 U.S.C. § 1391 determines proper venue based on several factors including the residence of defendants and where significant events occurred related to the claim. This means that litigants must carefully assess these factors when filing a lawsuit to ensure they choose an appropriate venue. Choosing an improper venue can lead to dismissal or transfer of the case, impacting litigation strategy and costs.
• Discuss how 28 U.S.C. § 1391 interacts with jurisdictional requirements in federal court cases.
  • 28 U.S.C. § 1391 operates alongside jurisdictional requirements by defining where a case can be heard rather than whether it can be heard at all. While jurisdiction determines if a court has authority over a case based on factors like subject matter and personal jurisdiction, proper venue under § 1391 ensures that even if a court has jurisdiction, it is still an appropriate location for trial. This interplay is essential for both plaintiffs and defendants in strategizing their legal approaches.
• Evaluate how changes in federal law regarding venue could affect access to justice for litigants across different regions.
  • Changes in federal law concerning venue could significantly impact access to justice by altering where litigants can file their cases. For instance, making it more difficult to establish venue in certain districts may disadvantage plaintiffs who seek to bring claims in jurisdictions more favorable to them. This shift could lead to increased travel and legal expenses for individuals and small businesses, raising concerns about equity and fairness in legal proceedings across diverse geographical areas.

Related terms

Venue:

Venue refers to the specific geographic location where a case is tried, determined by statutory or constitutional requirements.

Jurisdiction:

Jurisdiction is the authority of a court to hear and decide a case, which can be limited by geography, subject matter, or the parties involved.

Removal:

Removal is the process by which a defendant can transfer a case from state court to federal court, typically based on federal jurisdiction.