A motion to transfer venue, also known as a motion for change of venue, is a legal instrument used in civil litigation to request the relocation of a case to a different court. This motion is typically filed when a party believes that the current venue is improper, inconvenient, or biased and that transferring the case would promote fairness, efficiency, or the interests of justice. Understanding the criteria and procedures for a motion to transfer venue is crucial for effectively advocating for your preferred court location. (Motion to Transfer Venue, Black's Law Dictionary, 11th ed. 2019, available at Westlaw.)
It is also well settled that “under subsection 22-303, once a case is properly filed in a justice court, venue may be changed as provided by law upon a showing of prejudice in the precinct where the action is pending, for the convenience of the witnesses or for other good and sufficient cause.” (See Lay v. Nelson (2019) 436 P.3d 496…)
“A plaintiff bringing an action against the state still must comply with the general venue statute, A.R.S. § 12-401, or be subject to a motion to dismiss for improper venue, see rule 12(b)(3), Arizona Rules of Civil Procedure, or a motion for venue change under A.R.S. § 12-404 (actions filed in wrong county).” (See Dunn v. Carruth (1989)162 Ariz. 478…)
The court may, on timely motion, “change the place of trial in the following cases: (a) When the court designated in the complaint is not the proper court. (b) When there is reason to believe that an impartial trial cannot be had therein. (c)…”
“Generally, a decision to grant or deny a motion for change of venue is within the discretion of the trial court, and the court's decision will not be disturbed on appeal absent an abuse of discretion.” (See Ehrlich Feedlot, Inc. v. Oldenburg (2006) 140 P.3d 265
Pursuant to Connecticut General Statutes § 51-347a(a), a Court has the discretion to transfer civil cases upon motion to another judicial district “if in the opinion of such judge the cause…”
“Section 1902 of Title 10 requires a plaintiff to file a motion to transfer within 60 days after the order denying jurisdiction in the first court becomes final.” (See Benge v. Oak Grove Motor Court, Inc., C.A. No. 1837-N, at *1 (Del. Ch. Aug. 30, 2006).)
It is also well settled that under Rule 12(b)(3), “a court will grant a motion to dismiss for improper venue based upon a forum selection clause where the parties use express language clearly indicating that the forum selection clause excludes all other courts before which those parties could otherwise properly bring an action." (See PPF Safeguard, LLC v. BCR Safeguard Hldg., LLC, 2010 WL 2977392, at *5 (Del. Ch. July 29, 2010).)
For the consideration of a motion to transfer venue, the applicable standard is as follows: “Pursuant to Fla. Stat. § 47.122, [the] Court can transfer any civil action to any other court of record in which it might have been brought for the convenience of…”
The language of Code § 3-207 manifests the legislative intent that a trial judge may transfer a civil case only when he is satisfied that an impartial jury cannot be obtained in the county where pending and that this determination shall be made ‘by an examination voir dire of the persons whose names are on the jury list ...’” (Claxton Poultry Co. v. City of Claxton (1980) 155 Ga. App. 308…)
“A petition for a change of venue ‘must be brought at the earliest practical moment in order to prohibit a litigant from seeking a change of venue only after he has formed an opinion that the judge may be unfavorably disposed toward his or her cause.’” (Hartnett v. Stack (1993) 241 Ill. App. 3d 157…)
“Trial Rule 76(2) of the Indiana Rules of Trial Procedure provides for an automatic change of venue where such request is filed not later than ten (10) days after the issues are first closed on the merits.” (See State, Marion Cy. Bd. of Rev. v. Boone Circuit Court (1980) 272 Ind. 619 …)
“It is well established that improper venue is generally an affirmative defense which is waived if not seasonably pleaded.” (See Dist./Mun. Cts. R. Civ. P., Rule…)
A motion for change of venue must “state with particularity the grounds and authority on which it [was] based [...], and [be] “accompanied by a brief citing the authority on which it [was] based.” (City of Detroit Downtown Dev. Auth. v. Wolicki, No. 313588, at *3 [Mich. Ct. App. Sep. 30, 2014] citing MCR 2.119(A)(1)(b), MCR 2.119(A)(2).)
“This court has previously held that when a defendant complies with the statute as to a change of venue the place of trial of the action is ipso facto changed, and he is entitled to have the papers and files in the action transferred to the district court of the county of his residence.” (See Pavek v. Ceska Farmarska Vzajemne Pojistujici Spolecnost (1938) 202 Minn. 304 …)
It is well settled that “Rule 51.04 provides that a change of venue may be ordered if the inhabitants of the county are prejudiced against the applicant.” (See Peckham v. State, No. SD36302, at *5 (Mo. Ct. App. Aug. 31, 2020).)
“Venue is not jurisdictional. It may be waived unless the defendant, before the time of answering expires, demands in writing that the trial be conducted in the proper county.” (see Swift and Co. v. Dan-Cleve Corp. (1975) 216 S.E.2d 464 …)
“[A]n order granting a motion for a change of venue requires Rule 54(b) certification to invoke this court's appellate jurisdiction.” (See Slaubaugh v. Slaubaugh (1993) 499 N.W.2d 99…)
“Motion to transfer an action from one of the trial divisions to the other trial division shall be made within 10 days after the pleadings are closed, and unless so made, an objection to the trial of the action in the division appearing on the complaint is waived; but the court on its own motion may make such a transfer at or before the pretrial conference.” (See O'Neill v. Vreeland (1951) 6 N.J. 158…)
“A change of venue is an application which seeks to transfer the cause from the locality of the court itself to some other place for trial.” (See Palmer v. Webster (1936) 186 A. 49.)
“It is obvious when a requisite motion is made, the venue must be changed or in the alternative, the court may require evidence in its support. It is equally clear that if a hearing is had thereon it is the duty of the court to determine the question by its findings.” (State v. Fernandez (1952) 56 N.M. 689…)
“A demand for change of venue must be made ‘before the time for answering expires.’” NRS 13.050(1).” (Randono v. Ballow (1984) 100 Nev. 142…)
Civil Practice Law and Rules provide the basis for choosing and changing a venue. (Civ. Pract. Law & Rules, § 503; Civ. Pract. Law & Rules, § 510.) The venue is proper in either (1) the county in which one of the parties resides when the action was commenced; (2) …
“For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.” (See Dunbar v. Ham (1976) 45 Ohio St. 2d 112…)
“Civ.R. 3(C)(4) does not encompass a change of venue based upon the alleged bias or prejudice of a trial judge.” (Butler Cty. Joint Voc. School Dist. v. Andrews, 2007 Ohio 5896, 6 [Ohio Ct. App. 2007] citing Williams v. Williams [Dec. 16, 1996] Butler App. No. CA96-01-015.)
“Oklahoma law provides for a change of venue if appropriate to ensure a fair trial.” (See Nichols v. Jackson (2001) 38 P.3d 228…)
“We review the denial of a change of venue for an abuse of discretion.” (See Gothard v. Demski (2022) 318 Or. App. 872…)
“A transfer petition should not be a tool by which a defendant may forestall litigation in the underlying case by generating litigation concerning the transfer petition.” (Fessler v. Watchtower Bible & Tract Soc'y of N.Y., Inc. (2015) 131 A.3d 44…)
“Pursuant to Rule 1006, an action against an individual may only be brought in a county where ‘the individual may be served or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose or in any other county authorized by law[.]’” (Kim v. Commonwealth (2022) 270 A.3d 1284…)
It is also well settled that "[T]he defense of improper venue must be asserted in either a responsive pleading or by motion as provided for in Rule 12 (b), and that consequently a party is deemed to have waived the defense of improper venue under the provisions of Rule 12 (h) unless he has raised such defense by motion or by answer." (See Placido v. Mello (1985) 492 A.2d 1226…)
It is well settled that “Pursuant to 28 U.S.C. 1407(a), when civil actions involving one or more common questions of fact are pending in different districts, such actions may be transferred to any district for coordinated or consolidated pretrial proceedings.” (See Akins v. C.R. Bard, Inc., C.A. Nos. PC/07-4808, at *7 n.6 (R.I. Super. Feb. 6, 2008).)
If the plaintiff's chosen venue rests on a permissive venue statute and the defendant files a meritorious motion to transfer based on a mandatory venue provision, the trial court must…
“A request for a change of venue should be granted if the court is satisfied that there exists in the county or unit where the prosecution is pending so great a prejudice against the defendant that he cannot obtain a fair and impartial trial there.” (See State v. Chenette (1989) 151 Vt. 237 …)
It is well settled that pursuant to RCW 4.12.030(1),(3); “the change of venue statute authorizes a court to change the place of trial on motion when it appears that the county designated in the complaint is not the proper county, or the convenience of witnesses or the ends of justice would be forwarded by the change.” (See Dougherty v. Dept. Labor Industries (2002) 112 Wn. App. 322 …)
“If it appears that another county would be a proper place of trial, the court shall transfer the action to that county.” (See Community Credit Plan, Inc. v. Johnson, 228 Wis. 2d 30,…)
Change of venue in civil cases is governed by statute.” (See Benson v. City of Ashland (2001) 633 N.W.2d 277.)
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