Written by attorneys · grounded in primary & secondary sources — see below
The locality from which jurors are drawn for trial. It fixes the geographic area that must supply the jury pool to satisfy the constitutional guarantee of an impartial jury from the district where the offense occurred.
Sources & Authorities· 28 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Objection to Eastern District Trial
Leo was charged with sabotaging equipment at a plant in the Western District. Prosecutors filed the case in the Eastern District where the company headquarters sat. Leo moved to dismiss under Rule 12(b)(3) for improper venue and demanded a jury from the Western District. The court sustained the objection because the vicinetum must match the district of the alleged events.
Corporate Residence for Venue
Velocity Logistics faced suit in a state with two districts. Its contacts supported personal jurisdiction only in the Northern District. The court held that under the statute the corporation resided in the Northern District for venue purposes so the jury would be drawn from that vicinetum.
Violet Vang petitioned to establish intestacy after her uncle died. The proponent offered a will executed in the Southern County. The court required the proponent to make prima facie proof of venue in that county so the vicinetum for any jury trial would be proper.
Law Applied After Transfer
Virgil Vaughn sued in the Northern District where venue was proper. The court transferred the case under section 1404(a) to the Southern District for convenience. The transferee court applied the same choice-of-law rules the Northern District would have used so the vicinetum change did not alter substantive law.
Trust Administration Venue
Valerie Viera created a trust whose principal place of administration was in Central County. A beneficiary sought to remove the trustee. The court held venue lay in Central County so any jury would be drawn from that vicinetum.
Dismissal for Failure to Prosecute
Vincent Vale failed to appear for scheduled hearings in his civil case. The government moved to dismiss under Rule 41(b). The court granted the motion and noted the dismissal would operate as an adjudication on the merits because the defect was not improper venue or lack of jurisdiction that would have implicated vicinetum rules.
Common questions
Frequently Asked
2
What constitutional provision protects a defendant's right to a jury from the vicinetum where the crime occurred?+
The Sixth Amendment guarantees trial by an impartial jury of the state and district wherein the crime was committed. This right fixes both the place of trial and the geographic area from which jurors must be drawn.
When must a defendant raise an objection based on improper vicinetum?+
A defendant must raise the objection at the arraignment or other critical stage when the court requires it or the objection is waived. Failure to object timely forfeits the claim even if the indictment was filed in the wrong district.
424 U.S. 1 (1976)Legislation and Regulation
…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,…
Criminal Law Constitutional ProtectionsConstitutional protections of accused persons · Confession and privilege against self-incrimination [Fifth Amendment]NEXTGENIntermediate