Motion to Transfer in Washington

What is a Motion to Transfer?

Background

“A court may change venue on its own motion and has inherent power to order a change where necessary for the proper administration of justice." (See Clampitt v. Thurston County (1983) 98 Wn.2d 638, 648 n. 7, 658 P.2d 641; In re Lewis (2006) 134 Wn. App. 896, 902.)

“A trial court should grant a motion for a change of venue when necessary to effectuate a defendant's right to a fair trial.” (See In re Pry, No. 83437-1-I, at *12 (Wash. Ct. App. Apr. 4, 2022).)

General Information for Complaints and Motions

“The initial choice of venue belongs to the plaintiff.” (See Hatley v. Saberhagen Holdings, Inc. (2003) 118 Wash.App. 485, 488–89, 76 P.3d 255; Eubanks v. Brown (2014) 327 P.3d 635, 637.)

“If initial venue is not proper as to the defendant, the defendant may either waive their objection to the erroneous venue by failing to object or move to transfer the case to where venue is proper.” (See Eubanks v. Brown (2014) 327 P.3d 635, 637.)

“If the defendant objects, the case must be transferred to a court with proper venue.” (See id.)

Standard of Review and Burdens of Proof

“A trial court may transfer venue when the convenience of witnesses or the ends of justice would be forwarded by the change.” (See Hickey v. City of Bellingham (1998) 90 Wn. App. 711, 719.)

“In considering a motion to transfer venue, the court may consider the distances various witnesses would be required to travel, but may also consider the relative importance to be given to travel considering the efficiency of available transportation facilities.” (See id.)

“RCW 4.12.030 authorizes the trial court to transfer venue on specific grounds, including where:

the designated county is improper,
there is reason to believe an impartial trial cannot be held therein, or
the convenience of witnesses or ends of justice would be forwarded by such change.”

(See In re Det. of Lewis, No. 79377-2-I, at *1 (Wash. Ct. App. Feb. 16, 2021).)

“The matter [of transferring venue] lies within the discretion of the trial court, and is reviewable only for abuse of discretion.” (See Hickey v. City of Bellingham (1998) 90 Wn. App. 711, 719.)

The Court’s Decisions

It is well settled that “actions instituted in the proper county may be transferred to another county for trial if sufficient cause be shown therefor. When a cause is transferred for trial, the court to which the transfer is made has complete jurisdiction to determine the issues in the case.” (See Cugini v. the Apex Mercury Min. Co. (1946) 24 Wn. 2d 401, 409.)

It is also well settled that “district courts otherwise lacking statutory jurisdiction have the power to transfer a case rather than dismiss it in certain circumstances, such as where transfer is necessary in order to acquire jurisdiction over a third party defendant. (See Banowsky v. Backstrom (2019) 193 Wash. 2d 724, 748.)

Documents for Motion to Transfer in Washington

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VERNASCO VS ZEINALPOOR-MOVAHED document preview

ORPRTR - Order for Protection-Renewal / Reissue

6 pages

FILED FAMO4 2023 J UN 26 KING COUNTY SUPERIOR COURT CLERK CASE # 21-2-01080-2 SEA Superior Court of Washington, County of King No.: 21-2-01080-2SEA …