Motion to Transfer in Colorado

What Is a Motion to Transfer?

Purpose and Significance of a Motion to Transfer

“Although venue may be proper in the district where an action is brought, a court may, on motion or its own initiative, order a change of venue if the convenience of the parties or witnesses or the ends of justice so require.” (See Keohane v. Wilkerson (1993) 859 P.2d 291, 303.)

“The existence of prejudice justifying a change of venue is a question of fact within the discretion of the trial court, and the moving party bears the burden of establishing such prejudice by affidavit or evidence.” (See Keohane v. Wilkerson (1993) 859 P.2d 291, 303.)

Procedural Steps Involved in Filing a Motion to Transfer

“C.R.C.P. 98 (e)(1) provides that the court may, in its discretion, grant a motion for change of venue if justice would be promoted or if either party fears that it would be impossible to receive a fair trial in the county in which the action is pending.” (See Powell v. Ouray (1973) 32 Colo. App. 44, 47.)

“The burden, however, of establishing that undue prejudice in the community exists, is on the party seeking the change.” (See id.)

“A court may change the place of trial on good cause shown under two circumstances: (1) When the county designated in the complaint is not the proper county; (2) When the convenience of witnesses and the ends of justice would be promoted by the change.” (See Hagan v. Farmers Ins. Exch. (2015) CO 6.)

Standard of Review and Burdens of Proof for a Motion to Transfer

“A motion to change venue based on the convenience of the parties lies in the sound discretion of the trial court.” (See Bd. of Land Comm. v. Dist. Ct. (1976) 191 Colo. 185, 188.)

“A trial court abuses its discretion when its decision is manifestly arbitrary, unreasonable, unfair, or based on a misapplication of the law.” (See Freedom Colo. Info., Inc. v. El Paso Cty. Sheriff's Dep't (2008) 196 P.3d 892, 899; Black v. Black (2020) 482 P.3d 460, 485.)

"In assessing whether a trial court's decision is manifestly unreasonable, arbitrary, or unfair, we ask not whether we would have reached a different result but, rather, whether the trial court's decision fell within a range of reasonable options." (See id.)

Recent Cases and Precedents Influencing Motion to Transfer Decisions

It is well settled that “venue requirements are imposed in order to insure that a trial is fair and convenient for the parties.” (See Spencer v. Sytsma (2003) 67 P.3d 1, 7.)

It is also well settled that “the burden of proof on a motion for change of venue is upon the party seeking the change and "the movant must show, through affidavit or evidence, the identity of the witnesses, the nature, materiality and admissibility of their testimony, and how the witnesses would be better accommodated by the requested change in venue.” (See Ranger Insurance Co. v. Dist. Ct. (1982) 647 P.2d 1229, 1231.)

Dockets for Motion to Transfer in Colorado

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Oz Capital LLC v. Gomez, J

2 Files

Filed

May 07, 2024

Judge

Hon. Elizabeth Beebe Volz 👉 Discover key insights by exploring more analytics for Elizabeth Beebe Volz

Court

Arapahoe County

County

Arapahoe County, CO

Case #