Motion to Transfer in Pennsylvania

What Is a Motion to Transfer?

Background

“In seeking transfer under Rule 1006(d)(1), a defendant must make a detailed factual showing that the chosen forum is oppressive or vexatious, not merely inconvenient.” (Doe v. Bright Horizons Children's Ctr., 2021 Pa. Super. 183 [Pa. Super. Ct. 2021] citing Bratic v. Rubendall (2014) 99 A.3d 1, 7-8.)

“[T]he Bratic Court clarified that while inconvenience is not enough, ‘there is no burden to show near-draconian consequences.’” (Id. at 10.)

General Information for Complaints and Motions

As [the Court] held in Wood, [Wood v. E.I. du Pont de Nemours & Co. (2003) 829 A.2d 707, 712] ... there are important considerations when measuring oppressiveness. These factors include:

“the relative ease of access to sources of proof,
whether compulsory process is available to obtain the attendance of unwilling witnesses,
the costs associated therewith, and
the possibility of a view....”

(Doe v. Bright Horizons Children's Ctr., 2021 Pa. Super. 183 [Pa. Super. Ct. 2021] citing See also Powers, supra at 497; Moody v. Lehigh Valley Hosp.-Cedar Crest (2018) 179 A.3d 496, 502.)

Motion to Transfer in Medical Negligence context

“[W]rongful death/survival action sounding in medical negligence is governed by Pa.R.C.P. 1006, which provides in pertinent part that, ‘[e]xcept as otherwise provided by subdivision (c), a medical professional liability action may be brought against a health care provider for a medical professional liability claim only in a county in which the cause of action arose.” (Moody v. Lehigh Valley Hosp.–Cedar Crest (2018) 179 A.3d 496, 501 quoting Pa.R.C.P. 1006 (a.1).)

Standard of Review and Burdens of Proof

“A trial court ruling on a petition to transfer venue pursuant to Rule 1006(d)(1) is ‘vested with considerable discretion . . . to balance the arguments of the parties, consider the level of prior court involvement, and consider whether the forum was designed to harass the defendant.’” (Bratic, supra at 7.) On appeal, [the Court] will only reverse a trial court's decision on a motion to transfer if the trial court abused its discretion. (Id.)

“An abuse of discretion is not merely an error of judgment, but occurs only where the law is overridden or misapplied, or the judgment exercised is manifestly unreasonable, or the result of partiality, prejudice, bias or ill will, as shown by the evidence o[f] the record.” (Id.; Doe v. Bright Horizons Children's Ctr., 2021 Pa. Super. 183 [Pa. Super. Ct. 2021].)

The Court’s Decision

“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, 48 [Pa. Super. Ct.].)

“[T]he plaintiff's residency, is ‘peripheral to the issue and insufficient to warrant transfer’; nevertheless, ‘it is not error’ for a trial court ‘to reflect upon’ whether ‘residence is probative of oppressiveness ... so long as it is not the sole reason for the judge's decision.’” (Fessler, id., citing Bratic, supra, 99 A.3d at 9.)

Documents for Motion to Transfer in Pennsylvania

Sort By

CHARISMA EDWARDS vs. DEVANTE MOORE document preview

TRANSFER OF CUSTODY ACTION FROM ALLEGHENY COURT ORDER... - TRANSFER OF

139 pages

. A IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSY BY ANI? FAMILY DIVISION OE be AOE …