Originally Posted by Mission146
One thing that I know is that there is such a thing as a Motion to Change Venue, but I'm not sure what function that serves, if any, in a civil matter. If the civil matter is dismissed for want of jurisdiction, that would necessarily be a dismissal with prejudice, but would filing in the proper jurisdiction be precluded on the grounds of res judicata for a case that wasn't decided on the merits to begin with?
So, if you were the other party...would you move to change venue or just accept the dismissal and file a new complaint in a court with subject matter jurisdiction?
Here's how it works:
Jurisdiction is the courts POWER to hear a case.
So if a case that should have been filed in Nevada was filed in California and the court dismissed it, it can then be refiled in the correct state, i.e. Nevada, without prejudice (so long as an applicable statute of limitations has not expired).
Venue typically means the correct county to file a case within a state that has jurisdiction;
Venue usually lies where the transaction occurred and / or where the parties reside.
Sometimes people file in the wrong county for many reasons, and if the other party or one of the other parties objects, they file a motion in that county to change venue, asking the court to transfer the case to the correct county.
One hazard of filing in the wrong county is that if a motion to change venue is upheld you'll typically be ordered to pay the other party's attorney fees.