Court & Hearings

The location where a court case is brought (filed) is called venue. The particular location where the case should be filed based on case-related events that happened there In most cases, a court case must be started in the county where any defendant The person or organization being sued in a lawsuit lives or in the county where the action or event that led to the case took place. In a divorce case, it can be brought were the plaintiff A person or party that starts a lawsuit (the person filing for divorce) or the defendant reside.

If all of the defendants are nonresidents, it can be brought in any county where some part of the actions or facts making up the lawsuit took place. A corporation is considered a resident in the county where it has an office, is doing business, or where its registered agent The person who receives notice of legal actions when a corporation is sued is located. One exception to these rules is when you are suing the State of Illinois and asking the court to say that a law or executive order is unconstitutional. In that situation, you must file the case in Cook County or Sangamon County. The information in this article applies to Illinois state courts, not federal court cases.

Objecting to venue

A defendant must object that the venue is improper before the date they are required to answer A written statement used to respond to the complaint or petition in a lawsuit the complaint A written statement to start a lawsuit that says what the defendant did or to appear. Objection A protest made by an attorney during a trial. It asks the judge to exclude certain evidence or testimony. If the judge doesn't grant the objection, it's called a denial. to venue is waived if not made before the defendant's response A formal written answer to the plaintiff or petitioner's written statement is due.

The most common way parties object to a venue is by stating no one resides in the county where the case is being heard. “Residing” means where a person is physically present and intends to stay for a period of time. Whether a defendant lives in a county is based on where they were living when the case was filed. If they move after the case is filed, it does not change the proper county for the case. Another reason is if the defendant can show they cannot receive a fair trial When the issues of a case are heard in court and decided by a judge or jury in that venue.

In a divorce, there can be other reasons besides residency for moving a case, such as where the children live, where property at issue is located, or where most of the marriage took place, if parties have moved away. If neither party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. resides in the county where the case is filed, the plaintiff must make a written motion A request to the judge to make the court or a party in the case do something asking the judge for permission to waive To give up a legal right or pardon a fee venue requirements.

When asked to transfer a case, the judge usually considers various factors. These might include the convenience of the parties, the ease of access to evidence, Anything used to show that something is true and other practical issues that make a trial easy, quick, and inexpensive.

If more than one county could be the right place to file the case, a defendant can sometimes ask to move it to another proper county for a good reason. However, judges usually keep the case in the county where it was first filed.

How to transfer venue

The person objecting to venue (usually the defendant) must make a written motion to change venue. To do so, go to the clerk of the circuit court The lowest level of court in Illinois where the case is currently being held to get a motion form. If the motion is granted, the circuit court clerk will send all of the papers filed in the case along with copies of all orders entered to the new venue. The court case will go on as if it had started there. 

If a case is transferred because it was brought in the wrong venue, the plaintiff must pay the transfer fee.