Where Can a Civil Lawsuit Be Filed in Florida?
Florida's general venue rule allows a civil action to be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located. Separate rules apply to corporations and to multiple defendants, and the general rule does not apply to actions against nonresidents.
Venue determines which county a case is filed in. When two or more defendants reside in different counties, the action may be brought in any county where any defendant resides.
Corporations have their own rule. An action against a domestic corporation may be brought only in the county where it has, or usually keeps, an office for transaction of its customary business, where the cause of action accrued, or where the property in litigation is located. An action against a foreign corporation doing business in Florida may be brought in a county where it has an agent or other representative, where the cause of action accrued, or where the property in litigation is located.
Construction contracts get special treatment. A venue provision in a contract for improvement to real property that requires legal action involving a resident contractor, subcontractor, sub subcontractor or materialman to be brought outside Florida is void as a matter of public policy. The action is then brought in a Florida county under the general rule, unless the parties agree to another venue after the dispute arises.
A case can be moved. For the convenience of the parties or witnesses, or in the interest of justice, any court of record may transfer a civil action to any other court of record in which it might have been brought.
Once the county is chosen, the defendant must be served, as explained in how a lawsuit is served in Florida.
This post is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. A licensed attorney in the relevant jurisdiction should be consulted for advice tailored to specific circumstances.
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