Venue in Civil Lawsuits in PA State Courts
When you seek to file a lawsuit in Pennsylvania state court, you can’t just select any court you like. The case must be filed in the right county. This is the concept of venue. It’s different from deciding what state can hear a case; that’s jurisdiction. Totally different.
So What Is Venue?
Venue refers to the specific county in Pennsylvania where a lawsuit can properly be filed and heard. On the other hand, jurisdiction refers to a state’s power to hear the case. For example, let’s say a Defendant lives in Western Virginia. But a PA resident sues him in PA. Can the PA court’s exercise jurisdiction over him in PA?
Think of it this way: jurisdiction answers “Can this state’s court hear the case?” while venue answers “Where in the state should the case be heard?”
Why Does Venue Matter?
Venue is important for fairness and efficiency. The law tries to make sure that lawsuits are filed in a place that makes sense for everyone involved — for example, where the defendant lives or where the events in the case happened. For example, if the parties’ dispute involves a car accident, the location of the crash is important because a judge in that county will have power to subpoena witnesses to force them to attend a deposition about how the accident occurred.
Proper venue also helps reduce travel costs, ensures access to evidence and witnesses, and avoids unfair surprises.
But like so many things, venue selection is often about money. Juries in certain counties tend to award substantially more money for plaintiffs compared to other counties. For example, juries in Philadelphia County notoriously award amounts for “pain and suffering” that are often ten times higher than in Pittsburgh (Allegheny County), for example.
How Is Venue Decided in Pennsylvania?
Venue Established by Agreement
The first step is to decide whether the parties had entered into some type of contract that could govern where suit must be filed. This is called a forum selection clause. Any party seeking to enforce in court a written contract should read the agreement very closely before filing suit to enforce it. In fact, filing suit in the wrong county could render the Plaintiff the party liable for breach of contract.
But sometimes, a contractual limitation of venue is not so obvious. For example, let’s say you live in Pennsylvania and decide to go skiing at a resort in Vermont. The resort’s failure to close a dangerous a ski run causes you to suffer an injury. The resort actively solicits business in your county in PA, arguably making venue proper in your hometown, discussed below.
So, may you sue in PA? Maybe. But let’s also say, during the sign-in process to buy a ski pass, you unwittingly signed an agreement to limit venue to a certain county. These are often enforceable. Or let’s say your surgeon — who repaired your leg injured on the ski slopes — also had you sign something, limiting your choice of venue. SOMERLOT v. SOON JUNG, M.D. (Superior Court 2024). There, your claim for medical malpractice might also be limited to the venue set forth in the paperwork.
Venue Established by Law
In Pennsylvania civil cases, the rules about venue are found in the Pennsylvania Rules of Civil Procedure. Here are some common guidelines:
-
For individuals (people): The case is usually filed in the county where the defendant lives or can be found (served with legal papers). Or, where the parties’ key transactions took place. For example, as mentioned, if the case is about a car crash or breach of contract, the proper venue might be where the crash happened or where the contract was signed or broken. See Pa.R.C.P. 1006.
- For businesses: The case can be filed in a county where the business regularly does business, where the business is based, or where the events that gave rise to the lawsuit took place. See Pa.R.C.P. 2179.
Sometimes, more than one venue might apply. There, the person filing the lawsuit (the plaintiff) gets to choose.
Can Venue Be Changed?
Yes. A defendant can ask the court to change venue — to transfer the case to a different county if the original venue is improper or if another venue would be more convenient for everyone. This is called a motion for change of venue.
For example, if a case is filed in a county far from where everyone lives or where no connection to the case exists, the defendant might argue that another county is more appropriate.
However, it’s not enough for Defendant to claim the venue is “inconvenient.” As established in Cheeseman v. Lethal Exterminator, Inc., 701 A.2d 156 (Pa. 1997), a defendant must demonstrate that the chosen forum is “oppressive or vexatious,” not just burdensome. See Britac v. RbenDall, et al. explaining Cheeseman. This high standard protects the plaintiff’s choice of county for suit while preventing a defendant from obstructing legitimate litigation.
Examples of PA Courts Ruling on Venue
Here are examples where a court sustained an objection to venue:
- Smith v. Rodriguez (C.P. Philadelphia Co., Nov. 14, 2023) — Trial court sustained preliminary objections asserting improper venue in Philadelphia and transferred the case to Northampton County. Defendant’s coordination of shipments via Philadelphia Airport/Seaport didn’t meet the requisite “regular, continuous, habitual” business contacts under Pa. R.C.P. 2179.
- M.O. v. Lavco, LLC, No. 240800817 (C.P. Phila. Co. May 5, 2025 Anders, J.), — the Philadelphia County Court of Common Pleas sustained the Preliminary Objections to venue. The court ordered that the case be transferred to Wayne County. The court noted that the Defendant’s registered office and principal place of business were not located in Philadelphia County, but rather, was located in Wayne County. The court otherwise found that the Defendant’s business — being sued over how it ran a camp — did not regularly conduct business in Philadelphia County.
But PA courts do not always a grant a motion to change venue:
-
In Monaco v. Montgomery Cab Co., 417 Pa. 135 – Pa: Supreme Court 1965, our PA Supreme Court decided that venue was proper in Plaintiff’s county of choice for filing suit. This was in part because the Defendant cab company had done 10% of it’s business in the venue at issue. As such, the Supreme Court overturned the trial court’s decision to transfer to another venue. See Keystone Financial Bank, describing the Monaco decision.
What If There Are Multiple Defendants?
If your claim is against multiple Defendants — each located in different counties — venue is proper in any county where one of the Defendants may be sued. Zappala v. Brandolini, 909 A. 2d 1272 – Pa: Supreme Court 2006. In Zappala, PA’s Supreme Court explained:
[W]here Plaintiff sought to enforce liability against multiple defendants, the action could have been brought against all defendants “in any county in which the venue may be laid against any one of the defendants.” Pa.R.C.P. 1006(c)(1). The policy behind the rule allowing the action to be brought in any county in which venue is proper against any one of the defendants is to avoid multiplicity of suits.
When to Challenge Venue
The defendant waives the right to challenge the venue if not raised in his preliminary objection to the lawsuit. Zappala v. Brandolini, 909 A. 2d 1272 – Pa: Supreme Court 2006. Thus, if the Defendant files objections to the suit but fails to challenge the venue, or the Defendant files an answer to the lawsuit (not preliminary objections), waiver will likely apply. But you should talk to a legal representative about how the Rules of Civil Procedure apply to venue.
Defenses to Venue
The defense may argue that:
- it does not have any connection with the county at issue,
- the dispute did not occur there,
- the challenge to venue is untimely, and/or
- the Defendant never agreed to be sued in the county where sued.
Final Thoughts
Venue might sound like a small detail, but it can have a big impact on a civil case. Filing in the wrong venue can cause delays or even lead to the case being dismissed. That’s why we advise clients to carefully review the rules before choosing where to file.
Let’s Get Started!
Contact us today! We offer a free consultation for injury related matters. For others, we offer a very reasonable flat fee to discuss your matter in detail and give you insight as to resolution.
