When a lawsuit is filed in North Carolina, one of the first questions to ask is: Was it filed in the right county?
This question isn’t just about geography. Venue—the county where a case is heard—can affect convenience for witnesses, fairness for the parties, and sometimes even the outcome.
While venue is not jurisdictional (meaning it doesn’t affect the court’s power to hear the case), it is still a powerful procedural tool in civil litigation. North Carolina law sets out when venue must change, when it may change, and how objections can be waived.
Mandatory Change of Venue: When the Court Has No Choice
If a case is filed in the wrong county and the defendant makes a timely and proper motion, the trial court must transfer the case. There is no discretion.
As the Court of Appeals made clear in Miller v. Miller, 38 N.C. App. 95, 247 S.E.2d 278 (1978):
“The general rule in North Carolina…is that where a demand for removal for improper venue is timely and proper, the trial court has no discretion as to removal.”
In other words, if venue is wrong and you object promptly, the court is obligated to move the case to the correct county.
Discretionary Change of Venue: Convenience and Justice
Not all venue motions involve improper filing. Sometimes, a party requests a change because:
- Witnesses would be seriously inconvenienced if the trial stayed in the current county, or
- The interests of justice would be better served elsewhere.
In these cases, the judge has broad discretion. The standard, as stated in Phillips v. Currie Mills, Inc., 24 N.C. App. 143, 209 S.E.2d 886 (1974), is that appellate courts will not disturb the trial court’s ruling unless there is a clear abuse of discretion.
This means trial judges have a lot of leeway, and appealing their decision on these grounds is very difficult.
Waiver of Venue Objections
Because venue is not jurisdictional, it can be waived. If a defendant fails to raise the issue promptly—or raises it but doesn’t pursue it—the right to object may be lost.
As Miller emphasized:
“Since venue is not jurisdictional it may be waived by express or implied consent, and a defendant’s failure to press his motion to remove has been found to be a waiver.”
This underscores the importance of timely action. If you believe venue is improper, raise and press the issue immediately.
Why Venue Strategy Matters
Venue can influence:
- Jury pools – Some counties lean differently in community attitudes.
- Witness convenience – Travel costs and availability can impact case strength.
- Case costs – The farther everyone has to travel, the more expensive litigation becomes.
Getting venue right—or failing to challenge it—can shape the entire litigation strategy.
Practical Takeaways
- Act fast: File a motion for change of venue as soon as you suspect a case was filed in the wrong county.
- Understand the difference: Improper venue = mandatory transfer; convenience/justice = discretionary.
- Don’t lose your chance: Waiting too long may waive your objection.
- Think strategically: Venue impacts logistics, expenses, and sometimes outcomes.
Adkins Law, PLLC – Huntersville, NC
At Adkins Law, PLLC, we represent clients across Huntersville, Cornelius, and the Lake Norman area in family law, civil litigation, and complex disputes. Our attorneys know how to navigate procedural rules—including venue challenges—that can make or break a case.
📞 Contact us today to schedule a consultation with a Huntersville civil litigation attorney.
