Also known as: local action · venue · local venue rule
Written by attorneys · grounded in primary & secondary sources — see below
Lawsuits that must be brought in the judicial district where the real property at issue is located. These actions typically involve title to land or trespass and historically could not be maintained elsewhere even if the defendant resided in another district.
Lillian Locke sues in the District of Nebraska over trespass to land she owns in Kansas. The defendant moves under Rule 12(b)(3) to dismiss for improper venue because the action is local and must be brought where the land lies. The court grants the motion and requires refiling in Kansas.
Lena Lawson brings a quiet-title action in one Kansas district against a corporation whose contacts are concentrated in another Kansas district. Under the corporate-residence rule the defendant is deemed to reside only in the district of sufficient contacts. The court transfers the local action to that district.
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Liam Larson petitions to establish intestacy of an estate whose real property lies in a different county. The petitioner bears the burden of establishing prima facie proof of venue. The court dismisses the intestacy petition after finding venue improper for the local land issues.
Lola Langley files a trespass action in an inconvenient but proper district and later requests transfer under section 1404(a). The transferee court applies the transferor state's choice-of-law rules to the local-action claim even though the plaintiff sought the transfer.
Layla Lane seeks appointment of a trustee for a trust whose principal asset is real property located in one county. The court places venue in the county of the trust's principal place of administration rather than the beneficiary's residence.
Landon Long commences a local action concerning land but fails to serve process for over a year. The defendant moves under Rule 41(b) to dismiss. The court grants the motion with prejudice because the dismissal is not based on improper venue or jurisdiction.
Local actions historically had to be brought where the land was located. Federal venue rules now treat local and transitory actions under the same statutory provision, so a plaintiff may lay venue where a substantial part of the events occurred or where the defendant resides.
Yes. A defendant may move to dismiss for improper venue under Rule 12(b)(3) if the plaintiff brings a local action outside the district where the property is situated.
The petitioner must establish prima facie proof of venue along with death and heirship under Uniform Probate Code section 3-407.
The transferee court must apply the same state law and choice-of-law rules that the transferor court would have applied.
Venue lies in the county where the trust's principal place of administration is or will be located, or in the county where the decedent's estate is being administered if the trust was created by will.
…the action be filed in an appropriate district court. These two requirements specify a statute of limitations and appropriate venue, and are waivable by the parties. Salfi , 422 U. S., at 763-764. As in Salfi no question as to whether Eldridge satisfied these requirements was timely raised below, see Fed. Rules Civ.…