Motion for Change of Venue in Ohio

What Is a Motion for Change of Venue?

Background

“A civil action may be commenced in any county where venue properly lies. The factors that determine proper venue are set out in Civ.R. 3(B)(1)-(12). When an action is commenced in a county other than one to which any of those factors apply, the court must transfer the action to a court of a county in which venue lies.” (Allin v. Hartzell Propeller, C.A. No. 02CA57, T.C. Case No. 00CVF245, at *1 [Ohio Ct. App. May 30, 2003] citing Civ.R. 3(C)(1).)

“When according to the Civ.R. 3(B) factors venue may properly lie in two or more counties, discretion is conferred on a trial court to determine which county should have priority for transfer of venue to that county.” (Allin v. Hartzell Propeller, C.A. No. 02CA57, T.C. Case No. 00CVF245, at *1 [Ohio Ct. App. May 30, 2003] citing Railroad Ventures, Inc. v. Drake (2000) 138 Ohio App.3d 660.)

General Information for Complaints and Motions

“Civ.R. 3(C)(4) is the basis for his request for a change of venue. The rule allows for the transfer of a case when it ‘appears that a fair and impartial trial cannot be had in the county in which the suit is pending.’” (Kline v. Davis, Case Nos. 00CA32, 00CA39, 01CA13, at *1 [Ohio Ct. App. Dec. 11, 2001] citing id.)

Civ.R. 3(C)(4) provides that “[u]pon motion of any party or upon its own motion the court may transfer any action to an adjoining county within this state when it appears that a fair and impartial trial cannot be had in the county in which the suit is pending.” (Id.)

Order Not Subject to Immediate Review

An order granting or denying a motion for change of venue is interlocutory and not subject to review until final judgment is rendered in the new jurisdiction. (Romanchik v. Lucak, 44 Ohio App. 3d 215 [Ohio Ct. App. 1988] citing State, ex rel. Starner v. DeHoff (1985) 18 Ohio St.3d 163; State, ex rel. Allied Chem. Co. v. Aurelius (1984) 16 Ohio App.3d 69; Timson v. Young (1980) 70 Ohio App.2d 239.)

Standard of Review and Burdens of Proof

“A trial court's decision on a motion to change venue is reviewed under an abuse of discretion standard.” (Butler Cty. Joint Voc. School Dist. v. Andrews, 2007 Ohio 5896, 5-6 [Ohio Ct. App. 2007] citing Paulding County Hospital v. Robinson, Paulding App. No. 11-04-17, 2005-Ohio-1701, ¶ 10.) “Abuse of discretion implies that the trial court's decision was unreasonable, arbitrary or unconscionable.” (Id.)

“In a motion for change of venue, the moving party bears the burden of proof.” (Id. at ¶ 11.)

The Court’s Decision

“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.) “Rather, the exclusive remedy under such circumstances is to file an affidavit of bias and prejudice with the Chief Justice of the Ohio Supreme Court pursuant to R.C. 2701.03.” (Id.)

“[I]n a divorce action[,] venue is proper in the county in which the plaintiff has resided for ninety days immediately preceding the filing of the complaint. Civ.R. 3(B)(9). ‘Under the Ohio Rules of Civil Procedure, the only basis for a transfer of venue from a county where the venue is proper is when the transfer is necessary to obtain a fair trial.’” (Bowersock v. Bowersock, No. 1-98-10, at *1 [Ohio Ct. App. June 29, 1998] citing State ex rel. Starner v. DeHoff (1985) 18 Ohio St.3d 163, 165; see also Civ.R. 3(C)(4).)

Documents for Motion for Change of Venue in Ohio

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12-CV-0394

4 pages

LAW OFFICES OF NURENBERG, PARIS, HELLER & McCARTHY CO., L.P.A. 1370 ONTARIO STREET © SUITE 100 * CLEVELAND, OHIO 44113-1792 (216) 621-2300 12 FES -b P2343 FUE a gfoo. 96 _ ogeqsiteD FEB ~8 cUt2 IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO RONALD W. LUMPCIK 6876 Milhaven Avenue NW Canal Fulton, Ohio 44614 ay \ and CINDY L. LUMPCIK 6876 Milhaven Avenue NW Canal Fulton, Ohio 44614 wy se bs FSS plaintiffs, -v- ve SARAH E. BURT eS 678 South Apple Cre…