Also known as: judge's territory · judicial territory · judicial district · venue
Written by attorneys · grounded in primary & secondary sources — see below
The territorial jurisdiction of a particular court.
Tabitha Taylor filed her contract suit in the Eastern District of State X against a defendant who resides only in the Western District of State X. The defendant moved under Rule 12(b)(3) to dismiss because the chosen court lay outside the territory of the judge. The court granted the motion and required refiling in the proper district where the defendant resides.
Theresa Tucker sued two co-defendants who both reside in State Y. She filed in a district of State Z where neither defendant lives. The defendants objected that the filing district fell outside the territory of the judge under the residence rule. The court transferred the case to a district in State Y.
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Tamara Tan petitioned to probate a will in County A while the decedent had lived and died in County B. The contestant moved to dismiss, arguing the petition failed to establish proper venue within the territory of the judge. The court required the proponent to make prima facie proof of venue before proceeding.
Trevor Tate sued in District P where venue was proper. After the case was transferred for convenience to District Q, the transferee court applied the choice-of-law rules of District P because the original territory of the judge controlled. The plaintiff could not obtain different substantive law by requesting the transfer.
Timothy Tang was indicted in District R. Federal officers executed the arrest warrant by apprehending him in District S outside any federal judicial district. The defense moved to suppress, claiming the arrest occurred beyond the territory of the judge who issued the warrant. The court upheld the arrest because a federal statute authorized execution anywhere in the United States.
Tanner Thompson petitioned for trust instructions in County C. The trust's principal place of administration was located in County D. The trustee moved to dismiss or transfer because the petition was filed outside the territory of the judge. The court transferred the proceeding to County D where the trust was administered.
Venue lies only in a judicial district that falls inside the territory of the judge. Filing outside that territory exposes the complaint to dismissal or transfer under Rule 12(b)(3).
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The proponent must establish prima facie proof that the proceeding is brought within the territory of the judge. Failure to do so prevents the court from proceeding to the merits of due execution.
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No. The transferee court must apply the same state law and choice-of-law rules that the original court within whose territory the action was properly filed would have applied.
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Venue lies in the county where the trust's principal place of administration is or will be located, which defines the territory of the judge for trust matters.
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…to such request. § 437g. Enforcement. (a) Violations; complaints and referrals; notification and investigation by Commission: venue, judicial orders; referral to law enforcement authorities: civil actions by Attorney General: venue, judicial orders, bond; subpenas; review by courts of appeals: time for petition,…