What is the proper remedy if a civil action is filed in a jurisdiction where the venue is not proper?

When a civil action is filed in a jurisdiction where the venue is not proper, the appropriate remedy is typically to transfer the case to a proper venue. This action allows the case to continue in a location that has the correct legal jurisdiction to handle the matter, ensuring that the parties involved can have their case heard in a suitable forum.

Transferring the case rather than dismissing it preserves judicial resources and allows the merits of the case to be considered without requiring the parties to start over in a new filing. It also serves to minimize inconvenience for the parties, as they do not have to engage in the process of settling out of court or re-filing, which could introduce unnecessary delays and additional costs.

While dismissal is an option in some circumstances, it is generally undesirable because it effectively terminates the action without addressing the underlying issues. Settling out of court is not a remedy for an improper venue, as it does not address the legal jurisdictional issues at hand. Re-filing would require the parties to go through the entire process again, which can be inefficient and burdensome. Therefore, transferring to a proper venue strikes a balance between judicial efficiency and the rights of the parties involved.