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Improper Venue – Civil Rule (b)(3)Litigation for a car accident case is started by the filing of a complaint in the court with jurisdiction to hear the case, and service of the complaint and summons upon the defendant.  A defendant may move to dismiss the case if the court where the action was filed is an improper venue to hear the case, or if the process or service of process was insufficient.

Improper Venue

Venue is the proper place for a lawsuit to proceed by there being a connection with the events leading to the lawsuit, a connection to the parties of the lawsuit, or if there is an agreement between the parties as to venue such as in a contract.

For example, if a plaintiff lives in Richland, WA, the defendant lives in Kennewick, Washington and they got into a car accident in West Richland, WA; then the proper venue would be the Benton County Superior Court since both parties and the accident occurred in Benton County Washington.

Now if a plaintiff lives in Kennewick, WA and the defendant and car accident occurred in Pasco, WA, then the proper venue would be Franklin County Superior Court which is where the defendant and car accident occurred.

A contract between two parties may have a forum selection cause for where a civil action is to be heard. Meaning, there is agreement for where an action is to be brought.  Washington courts will typically enforce these clauses, unless the nonmoving parties is able to establish that the clause was unfair or unreasonable and should not be enforced.  You should consult with an attorney regarding your civil action to ensure that your action is being heard in the proper venue.

Personal Injury Attorney in Tri-Cities, WA

If you have been injured in a car accident then you need a car accident attorney on your side.  The attorneys at Parke Gordon Law Firm have represented clients in the Tri-Cities, WA and are experienced and knowledgeable to ensure that you get fair value for your case.  Call 509-582-7274 to speak with one of our attorneys and get started on your car accident case with a free consultation.

Washington Civil Rules 12(b)

(b)  How presented.  Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross claim, or third party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a claim upon which relief can be granted, (7) failure to join a party under rule 19. A motion making any of these defenses shall be made before pleading if a further pleading is permitted. No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the pleader may assert at the trial any defense in law or fact to that claim for relief. If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by rule 56.

Tri-Cities, Washington Law Office

Our Tri-Cities, Washington law office provides legal services to injury clients in and surrounding Tri-Cities, including clients injured in accidents in Kennewick, Pasco, and Richland, Washington. Visit or call our Tri-Cities office now. Parke Gordon LLC 8905 W Gage Blvd, #200 Kennewick, WA 99336 Phone:(509) 582-7274

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