Venue
Jurisdiction | Maryland |
III. VENUE
A. Original Venue
Courts & Judicial Proceedings §§ 6-201 and 6-602 make it clear that proper venue is to be determined at the time an action is filed.64 Venue is to be distinguished from jurisdiction. Venue concerns the place, among courts having jurisdiction, that an action will be litigated.65
Courts & Judicial Proceedings § 6-201, is the general venue statute, and Cts. & Jud. Proc. § 6-202(5) authorizes additional venue where "the mother of the child resides." Neither statute has priority.
According to Cts. & Jud. Proc. § 6-201, action shall be brought in county where defendant resides, carries on a regular business, is employed, or habitually engages in a vocation. Cts. & Jud. Proc. § 6-201(b) allows suit to be brought in the "county where the cause of action arose" if there are multiple defendants and no single venue applies to all of them.
However, Cts. & Jud. Proc. § 6-201(b) applies only to causes of action sounding in contract or tort.66
According to Cts. & Jud. Proc. § 6-202(5), an action relating to custody, guardianship, maintenance or support of a child may be brought where the father, alleged father, or mother of the child resides, or where the child resides. The residency of a child is deemed to be the same as that of the person to whom custody has been granted.67
These rules do not apply in adoption proceedings. Pursuant to Cts. & Jud. Proc. § 6-203(e)(1) adoptions may be brought only in county or counties:
(1) Where petitioner is domiciled;...(2)
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