4.4 Venue
Library | Virginia Law and Practice: A Handbook for Attorneys (Virginia CLE) (2020 Ed.) |
4.4 VENUE
4.401 Introduction.
A. Venue Generally. The Virginia statutes pertaining to venue are applicable to all proceedings in all general district courts and circuit courts, 476 except for those listed in paragraph 4.401(C) below.
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B. Venue Versus Jurisdiction. Venue is distinguished from jurisdiction. For jurisdiction, consider:
1. | Subject matter. See Va. Code § 16.1-77 for monetary limits and limited jurisdiction of general district courts. | ||
2. | In personam. See paragraph 4.5 below. | ||
3. | In rem: the physical location of the matter that is the subject of controversy. 477 |
If a Virginia court has subject matter jurisdiction, any other Virginia court at the same level (for example, circuit court) has jurisdiction regardless of the geographical location within Virginia. If a court lacks subject matter jurisdiction, it cannot entertain the case, and if the court does so, the ultimate disposition is void. Subject matter jurisdiction cannot be waived or given to a court by agreement or inaction or consent of parties. 478 The question of subject matter jurisdiction can be raised at any time during a proceeding by any of the parties or by the court itself. 479
However, if a court is the improper venue, ultimate disposition of the case is valid. 480 The result of a successful challenge of improper venue is simply a transfer of pending proceedings to the proper venue (perhaps with costs).
The foregoing analysis does not apply to the exceptions listed in subparagraph (C) below. For these, venue is an additional element of subject matter jurisdiction.
C. Excluded Proceedings. The Virginia statutes pertaining to venue (chapter 5 of title 8.01) do not apply to:
1. | Habeas corpus; | ||
2. | Tax proceedings, other than those in title 58.1; |
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3. | Juvenile and domestic relations district court proceedings concerning children; and | ||
4. | Adoption. 481 |
4.402 Preferred and Permissible Venue. Except for those actions expressly excluded from the operation under Va. Code § 8.01-259 and subject to the provisions of 8.01-264 and 8.01-265, the venue for any action must be deemed proper only if laid in accordance with the provisions of Va. Code § 8.01-261 (preferred venue) and Va. Code § 8.01-262 (permissible venue). 482
A. Preferred Venue. Preferred venue is also called "Category A" venue. 483 If more than one preferred venue exists, venue may be transferred only for good cause and only to another preferred venue unless the parties agree otherwise. 484
Certain relationships create preferred venue. 485 These are alternatives.
1. Administrative. Where administrative regulations or decisions are at issue, and the adversaries are a citizen and the Commonwealth, generally venue is determined by the citizen's location, whether he or she is the plaintiff or defendant. 486 In that case, the Attorney General, on behalf of the Commonwealth, must travel to that venue. Otherwise, when the plaintiff is a citizen and the defendant is an officer of the Commonwealth in an official capacity, venue is where the officer has an official office, generally in Richmond. 487
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2. Land. In actions where the subject is land, venue is where that land is located. 488 Apparently this includes disputes involving accounting by trustees of a deed of trust. 489
3. Attachments. Attachments are treated as if the principal defendant were the sole defendant, even though those liable to the principal defendant may also be defendants. 490
4. Divorce. In suits for divorce, venue is where the parties last cohabited or where the defendant resides. 491
B. Permissible Venue. Permissible venue is also called "Category B" venue. Certain relationships create permissible venue. 492 Again, these are alternatives. Note particularly:
1. | Defendant's location. Where an individual defendant resides or has his or her principal place of employment. 493 | ||
2. | Fiduciary. In actions against a fiduciary, in the county or city where the fiduciary is qualified. 494 | ||
3. | Judge. In actions against a judge, where the court was held when the action complained of was taken. 495 | ||
4. | Corporation. Where a defendant corporation has its principal office or principal place of business or where the corporation has a registered agent, has appointed an agent to receive process, or such agent |
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has been appointed by operation of law, or a case of withdrawal from the Commonwealth by the corporate defendant, wherein venue in this statute was proper at the time of withdrawal. 496 | ||||
5. | Substantial business activity. Provided there exists any practical nexus to the forum, including, but not limited to, the location of fact witnesses, plaintiffs, or other evidence, wherein the defendant conducts substantial business activity, or if withdrawal from Virginia by the defendant, wherein venue was proper at the time of withdrawal. 497 | |||
6 | Where the cause of action arose: 498 | |||
a. | Tort. Where any part of injury occurred. 499 | |||
b. | Contract. The place of the contracting or of the breach. 500 | |||
7. | Plaintiff's residence. If the defendants are unknown (John Doe action) or all defendants are nonresident, where the plaintiff resides. 501 |
4.403 Multiple Parties. Venue is not subject to objection if the suit is brought in a location that is the preferred venue for at least one party. 502 But if there are one or more residents and one or more nonresidents or unknown parties, venue must be proper (preferred or permissible) as to at least one resident defendant. 503 Otherwise, venue is proper if it is proper as to any party. 504
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4.404 Parties Not Expressly Covered.
A. Unincorporated Association. A foreign unincorporated association will probably fall under the provisions of Va. Code § 8.01-262(2). 505
Domestic unincorporated associations may fall under the provisions of Va. Code § 8.01-262(1) and Va. Code § 8.01-262(2). An example would be a labor union, which will doubtless have an office. For those with no office, venue may be the residence, etc., of a co-defendant officer 506 or where there is regular business activity. 507
B. Partnership. A partnership can get venue with reference to any one partner. Or use a similar analysis to...
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