Local Rule LR 3.2: Assignment of Actions to Jury Division
W.D. Ky. — Civil rule
LR 3.2 Assignment of Actions to Jury Division
(a) Generally. A civil action may be filed in any division courthouse. Civil actions are assigned to particular jury divisions as follows. In the event of improper assignment, the case will be transferred to the correct jury division. The validity of the filing is not affected by the Clerk's improper assignment.
(1) Defendants in Same Division. If all defendants reside in the same jury division, the case is assigned to the jury division where all defendants reside.
(2) Defendants in Different Divisions. If at least one defendant resides in the district but the defendants do not all reside in the same jury division, the case is assigned as follows:
(A) To the jury division in which a substantial part of the events or omissions giving rise to the claim occurred, or in which a substantial part of property that is the subject of the action is situated; or
(B) If no jury division satisfies (A), to the jury division in which the first named resident defendant resides.
(3) Non-Resident Defendants. If none of the defendants reside in the district, the case is assigned as follows:
(A) To the jury division in which a substantial part of the events or omissions giving rise to the claim occurred, or in which a substantial part of property that is the subject of the action is situated; or
(B) If no jury division satisfies (A), to the jury division in which the first named plaintiff resides.
(b) Removal Cases and 28 U.S.C. § 2254 Petitions. A removal or state habeas corpus petition shall be assigned to the jury division that includes the court from which the removal is had or in which the challenged judgment, conviction or order was rendered.
(c) Assignment of 28 U.S.C. § 2255 Motions. A motion under 28 U.S.C. § 2255 should be assigned to the jury division in which the movant was originally tried or sentenced such that the motion is heard, if possible, by the same judge who presided over the part of the proceedings under attack.
(d) Venue for Corporations. A corporation is a resident of the county in which it has its principal place of business within the district. If a corporation does business throughout the district and has no operation which is its principal place of business, or if a non-resident corporation does not maintain a place of business within the district, the action is assigned to the jury division in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated.
(e) Governmental Venue. For purposes of this rule, the United States, federal agencies, the Commonwealth of Kentucky, and agencies of the Commonwealth are deemed non-residents of the District. State or federal officials joined solely in their official capacities are deemed residents of the division in which they perform their official duties.
(f) Transfer. Any civil action or proceeding may, in the discretion of the Court, be transferred from the jury division in which it is pending to any other division for the convenience of the Court, parties, witnesses, or in the interest of justice.