Monday, August 10, 2009

I've Just Been Sued - The Basics of Civil Litigation in Nevada

I. WHAT IS VENUE?

Venue refers to the place within a jurisdiction in which a given action is brought before a court. In state trials, venue is determined by statute. In general, venue is authorized based on the county or city where the defendant resides, where the cause of action arose, or where the defendant does business. In some circumstances the county within a state may refuse to hear the case and shifts it to another venue within the state. In other cases the state as a whole will refuse to hear the case. In any event, when this occurs it is usually the handiwork of the defendant and his effort to either dismiss or remove the case from a particular venue.

In federal actions, a suit can be brought within a particular venue only if the district satisfies both the venue and personal jurisdiction requirements (discussed below) as to all defendants involved. There are three basic ways to establish venue within a particular district: (1) if any defendant resides in that district, and all defendants reside in the state containing that district; (2) if a substantial part of the events giving rise to the claim occurred, or a substantial part of property that is subject of the action is situated in the district; and (3) if at least one defendant is “reachable” in the district, or he is subject to personal jurisdiction. Global Business Lawyers Nevada Business Lawyers Lovaas & Lehtinen, P.C.

Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

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