Second National Bank v. Erik R. Byer

Headnotes

H1: Civil Procedure > Preliminary Considerations > Venue > General Overview

See Civ. R. 3

H2: Civil Procedure > Preliminary Considerations > Venue > General Overview

Venue is the geographic division where a claim may tried. Venue must be proper. 

H3: Civil Procedure > Preliminary Considerations > Venue > General Overview

Civil Procedure> Venue > Motion to Transfer > General Overview

Under Ohio R. Civ. P. 3, proper venue lies in a county in which the defendant conducted activity which gave rise to the claim for relief or the county in which all or part of the claim for relief arose. 

 

Summary of Case

Procedural Posture: Defendant has filed a motion to transfer venue. Plaintiff objects to the venue being transferred to another county. 

Overview:  Plaintiff owns a business in Darke County. Defendant resides in Van Wert County, Ohio. Defendant signed a promissory note for the purchase of a vehicle in Allen County, Ohio. However, Plaintiff argues that the Defendant’s note was to be paid in Darke County and that the Defendant was aware of this requirement and had been making payments on the note in Darke County. The Plaintiff argues that venue in Darke County is proper. 

Outcome: Under Ohio R. Civ. P. 3(B)(3) and 3(B)(6), the Court finds that venue is proper in Darke County. Defendant’s motion to transfer venue is denied. 

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