Motion to Transfer in Maine

What is the Purpose and Significance of a Motion to Transfer?

“The court may, upon motion or its own initiative, transfer any case to another division for the convenience of parties or witnesses or in the interest of justice.” (See Concord General Mut. Ins. Co. v. Labbe (1979) 401 A.2d 1005, 1007 n.1.)

Rules for Filing a Motion to Transfer

Section 508 of the Maine Statutes governs transfer of venue.

“A presiding Justice of the Superior Court may, in the interests of justice and to secure the speedy trial of an action, or for other good cause, transfer any civil action or proceeding from the Superior Court in one county to another county.” (See Me. Stat. tit. 14 § 508.)

“The Chief Justice of the Superior Court may, in the interests of justice and to secure the speedy trial of actions and the efficient scheduling of trials, or for other good cause, transfer any number of civil actions or proceedings from the Superior Court in one county to another county. Transfer may also be by consent of all parties to any civil action or proceeding, provided that the prior approval of the Chief Justice of the Superior Court is obtained.” (See id.)

Discretion of the Court in Deciding a Motion to Transfer

“The court act[s] within its broad range of discretion in granting the change of venue.” (See Hamlin v. Cavagnaro (2016) 131 A.3d 365, 370.)

“We review a court's grant or denial of a motion for a change of venue and a court's imposition of remedial sanctions for an abuse of discretion.” (See Hamlin v. Cavagnaro (2016) 131 A.3d 365, 369; State v. Holland (2009) ME 72, ¶ 46, 976 A.2d 227 [change of venue]; Hogan v. Veno (2006) ME 132, ¶ 18, 909 A.2d 638 [imposition of remedial sanctions].)

Motion to Transfer Venue Standard

“Pursuant to 14 M.R.S. § 501 (2021), venue is proper in personal and transitory actions in the county where any plaintiff or defendant lives. As to corporate defendants, 14 M.R.S. § 505 provides that, generally, corporations may sue and be sued in the county in which they have an established place of business.” (See Bedard v. Tardif, No. CV-2021-322, at *2 (Me. Super. Nov. 12, 2021).)

“In accordance with 14 M.R.S. § 508 (2021), a presiding Justice of the Superior Court may, in the interests of justice and to secure the speedy trial of an action, or for other good cause, transfer any civil action, or proceeding from the Superior Court in one county to another county. A similar analysis under the doctrine of forum non conveniens requires the court to weigh the advantages and obstacles to a fair trial in the selected forum, but unless the balance is strongly in favor of the defendant, plaintiff's choice of forum should rarely be disturbed.” (See id; Macleod v. MacLeod (1978) 383 A.2d 39, 42; Gulf Oil Corp. v. Gilbert (1947) 330 U.S. 501, 508.)