Motion to Dismiss for Improper Venue

When the motion to dismiss for improper venue is used

Timing: before or in the first response. These motions usually come early, often before or with the answer. As a result, they can end or narrow a case before discovery starts.

What the rule requires

• A motion asserting a Rule 12(b) defense must be made before pleading if a responsive pleading is allowed.
• Waived if omitted from a Rule 12 motion in the circumstances described in Rule 12(g)(2), or if neither raised by motion nor included in a responsive pleading or an amendment allowed by Rule 15(a)(1) as a matter of course (Rule 12(h)(1)).
• Under 28 U.S.C. § 1406(a), the court shall dismiss — or, if it is in the interest of justice, transfer — a case filed in the wrong district or division.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 12(b)(3); 28 U.S.C. § 1406(a) online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion to dismiss for improper venue in state court

This page covers the federal version. In state court, the motion to dismiss for improper venue may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Venue: the particular court location — district or division — where a case is heard.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion to Transfer Venue: a request to move a case to another federal district or division.
• Motion to Dismiss for Lack of Personal Jurisdiction: a motion arguing the court has no authority over the defendant.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.