Whether consideration of the proper jurisdiction or venue is complex or not depends on the circumstances of the claim. These matters can be transparently obvious or can be maddeningly difficult. Forum selection, which is inadequately thought out, can lead to a great deal of unnecessary challenges – particularly in the Cincinnati-based federal court. This can delay the processing of the action, which for the auto accident plaintiff and their family is always exquisitely frustrating.
Ohio civil practice compels legal counsel to entertain all subject matter jurisdictional issues. The limits for monetary damages and territorial scope are key. Whether the defendant in the Cincinnati court system is amenable to suit in Ohio is a consideration for the court as well.
If there is a possibility that the defendant might seek removal to federal court from the Ohio state court – based on diversity – this is important. Often an attorney in southwestern Ohio develops a reputation for how aggressive or frequently they will challenge on this basis.
Ohio Civil Rule 3(B) guides lawyers in southwestern Ohio to not overlook the county of proper venue. If there is more than one proper forum available, then the Cincinnati-area court has almost complete discretion as to the disposition of the matter. The court will look to practical considerations such as relative convenience, docket traffic, and the local practices within our southwestern Ohio legal community.