We sometimes hear in the news that the attorneys in a high profile case are seeking a “change of venue” for one reason or another. What is the significance of such a move?
Essentially, venue is just another word for place. In the legal context it generally refers to the place where a case is to be heard and tried. In criminal cases the venue of the case is usually determined by a crime taking place within the territorial jurisdiction of the court. For example, a robbery which occurs in Montgomery County would generally be tried in the Montgomery County Court of Common Pleas. Bucks County, Delaware County, and the various other counties in Pennsylvania would generally not be a proper venue to handle that case.
There are exceptions, however. In some high profile criminal cases, the defense will seek a change of venue because of pretrial publicity. Cases which would otherwise be heard in Philadelphia are sometimes moved as far away as Harrisburg or Pittsburgh so that the defendant can be afforded a fair trial before a jury which has not been tainted by heavy media coverage.
In civil cases, the venue of the court hearing the case is generally determined with respect to the location of the transactions giving rise to the lawsuit. In the case of a car accident, venue would generally be found in the county where the accident occurred. It might also be found in the county where the defendant resides. In many cases there are multiple counties within which suit may properly be brought, and disputes as to proper venue sometimes arise. Courts generally try to resolve these disputes by hearing the case in the county which is most convenient for the parties, the witnesses, and the production of evidence.
Courts sometimes grant a transfer of venue based upon the doctrine of forum non conveniens, where the court finds that the initial choice of forum creates a substantial inconvenience to one of the parties.
Next time you hear them talking about venue in the news you will have a better understanding of why lawyers sometimes seek a change of venue.
enue
We sometimes hear in the news that the attorneys in a high profile case are seeking a “change of venue” for one reason or another. What is the significance of such a move?
Essentially, venue is just another word for place. In the legal context it generally refers to the place where a case is to be heard and tried. In criminal cases the venue of the case is usually determined by a crime taking place within the territorial jurisdiction of the court. For example, a robbery which occurs in Montgomery County would generally be tried in the Montgomery County Court of Common Pleas. Bucks County, Delaware County, and the various other counties in Pennsylvania would generally not be a proper venue to handle that case.
There are exceptions, however. In some high profile criminal cases, the defense will seek a change of venue because of pretrial publicity. Cases which would otherwise be heard in Philadelphia are sometimes moved as far away as Harrisburg or Pittsburgh so that the defendant can be afforded a fair trial before a jury which has not been tainted by heavy media coverage.
In civil cases, the venue of the court hearing the case is generally determined with respect to the location of the transactions giving rise to the lawsuit. In the case of a car accident, venue would generally be found in the county where the accident occurred. It might also be found in the county where the defendant resides. In many cases there are multiple counties within which suit may properly be brought, and disputes as to proper venue sometimes arise. Courts generally try to resolve these disputes by hearing the case in the county which is most convenient for the parties, the witnesses, and the production of evidence.
Courts sometimes grant a transfer of venue based upon the doctrine of forum non conveniens, where the court finds that the initial choice of forum creates a substantial inconvenience to one of the parties.
Next time you hear them talking about venue in the news you will have a better understanding of why lawyers sometimes seek a change of venue.
— Kevin Palmer