Motion to Transfer in North Carolina

What Is a Motion to Transfer?

Understanding the Purpose and Significance of a Motion to Transfer

“The judge of [a] superior court has the inherent discretionary power to order a change of venue ex mero motu when, because of existing circumstances, a fair and impartial trial cannot be had in the county in which the action is pending.” (See Myers v. Bryant (2007) 187 N.C. App. 305 (N.C. Ct. App. 2007)

“The trial court may change the place of trial . . . [w]hen the convenience of witnesses and the ends of justice would be promoted by the change.” (See Roanoke Properties v. Spruill Oil Co. (1993) 110 N.C. App. 443, 447.)

Procedural Steps Involved in Filing a Motion to Transfer

“N.C.G.S. 7A-258, which governs motions to transfer cases between divisions of the general court of justice, provides: (a) any party, including the plaintiff, may move on notice to all parties to transfer the civil action or special proceeding to the proper division when the division in which the case is pending is improper under the rules stated in this Subchapter . . . [or] if all parties to the action or proceeding consent thereto, and if the judge deems the transfer will facilitate the efficient administration of justice.” (See East Carolina Farm Credit v. Salter (1994) 113 N.C. App. 394, 396-97.)

“A motion to transfer by any party other than the plaintiff must be filed within 30 days after the moving party is served with a copy of the pleading which justifies transfer. . . . Failure to move for transfer within the required time is a waiver of any objection to the division in which the case is pending.” (See id.)

“A motion to transfer is in writing and contains: (1) a short and direct statement of the grounds for transfer with specific reference to the provision of this Chapter which determines the proper division; and (2) a statement by an attorney for the moving party . . . that the motion is made in the good faith belief that it may be properly granted and that he intends no amendment which would affect propriety of the transfer.” (See id.)

“It is imperative that a party filing a motion for change of venue clearly state the legal basis of the motion and file the motion in a timely manner as appropriate for the type of motion; in ruling on the motion, the trial court should also clearly identify the legal basis for its order allowing or denying a motion for change of venue.” (See Lowrey v. Choice Hotels Int'l (2021) NCCOA 436, 14.)

Discretion of the Court in Deciding a Motion to Transfer

“There is no bright line test for abuse of discretion as to venue, and our review is based upon all of the facts and circumstances.” (See N.C. Farm Bureau Mut. Ins. Co. v. Lilley (2018) 808 S.E.2d 925.)

“The trial court is given broad discretion when ruling on a motion to change venue.” (See id.)

“The trial court may change the place of trial when the convenience of witnesses and the ends of justice would be promoted by the change.” (See id.)

“However, the court's refusal to do so will not be disturbed absent a showing that the court abused its discretion." (See id.)

Legal Precedents and Case Law on a Motion to Transfer

It is well settled that “G.S. 7A-258 (a) provides that a party may move to transfer a civil action or special proceeding to the proper division when the case is pending in an improper division or when the parties consent to the transfer and the judge deems the transfer will facilitate the efficient administration of justice.” (See Stanback v. Stanback (1975) 287 N.C. 448, 458.)

It is also well settled that Under G.S. Sec. 7A-258(f) (1981), "[t]he filing of a motion to transfer does not stay further proceedings in the case except that: (1) involuntary dismissal is not ordered while a motion to transfer is pending; [and] (2) assignment to a magistrate is not ordered while a motion to transfer is pending.” (See Amey v. Amey (1984) 71 N.C. App. 76, 80-81.)

Dockets for Motion to Transfer in North Carolina

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JAMES FRANCIS CARTER VS NAPOLEESHIA MARCELLA BLOUNT

9 Files

Filed

May 03, 2024

Status

Active

Court

Wake District Court

County

Wake County, NC

Case #