The term “venue” generally describes the place where a civil trial is conducted. New York law provides that, except where otherwise stated by law, “the place of trial shall be in the county in which one of the parties resided when it was commenced; the county in which a substantial part of the events or omissions giving rise to the claim occurred; of, if none of the parties then resided in the state, in any county designed by the plaintiff.”
As you might expect, the question of “venue” can sometimes be contested and determining the proper venue is not always easy.
Determining proper venue can involve litigation, requiring a judge to decide whether to keep or change the venue selected. There can be challenges by other parties if they believe it is improper. The judge also has discretion to change venue where “the county designated . . . is not a proper county”; “there is reason to believe that an impartial trial cannot be held in the proper county” or “the convenience of material witnesses and the ends of justices will be promoted by the change.”
Venue can be technically proper in more than one county. Different venues can have different benefits and drawbacks.
For more personal injury terms as they relate to New York State law, visit William Mattar’s Glossary.