Legal Motion for Change Venue

MOTION FOR CHANGE OF VENUE

IN THE OF , COUNTY OF

Case No.:    Judge:

Plaintiff:    Defendant:

Movant: (hereinafter "Movant") hereby moves this Court for an order transferring the above-captioned matter to the County of for the reasons set forth below.

RECITALS

WHEREAS, Movant is a resident or has substantial contacts with the County of and the events giving rise to this action occurred in or near ;

WHEREAS, Movant contends that maintenance of venue in the current county would work a substantial hardship and prejudice because ;

WHEREAS, transfer of venue is warranted in the interest of justice and for the convenience of parties and witnesses pursuant to the applicable venue statutes and rules governing civil procedure.

NOW, THEREFORE, Movant respectfully moves the Court as follows:

1. RELIEF REQUESTED

Movant requests that this Court enter an order transferring venue of this action from the County of to the County of . Movant further requests all such relief as is just and proper to effectuate the transfer.

2. STATEMENT OF FACTS

On , the events material to this litigation occurred at or near . Key witnesses reside or work in the County of and are not reasonably available to attend proceedings in the current county without undue hardship.

Movant's principal place of business or residence is located at:

Affidavits of witnesses and documentary evidence supporting these factual assertions are attached hereto and incorporated by reference. Movant will make any available witnesses reasonably amenable to deposition or subpoena in the transferee venue.

3. LEGAL BASIS FOR TRANSFER

Venue is improper or should be transferred where maintenance in the present county would impose undue burden, prejudice a party's right to a fair trial, or where the convenience of witnesses and the ends of justice favor another county. Movant relies on the discretionary and mandatory provisions of the applicable venue statutes and procedural rules authorizing transfer for convenience, to avoid prejudice, or to promote the interests of justice.

In determining whether a change of venue is warranted, the Court may consider: (a) the location of witnesses and parties; (b) the situs of material evidence; (c) relative expense and burden of attendance; (d) access to compulsory process; (e) community prejudice and publicity; and (f) any other factors bearing on convenience and fairness. Application of these factors here supports transfer for the reasons set forth in this Motion and supporting affidavits.

4. PREJUDICE AND CONVENIENCE

Movant asserts that remaining in the present venue will subject Movant to demonstrable prejudice because . Conversely, transfer to the requested county will minimize travel, reduce expense, and enhance the ability of witnesses to attend and testify.

5. PROPOSED ORDER

Movant requests that the Court issue an order granting this Motion and directing transfer of venue to the County of and for such further relief as justice requires, including reasonable costs of obtaining testimony and documents where appropriate.

6. NOTICE AND CERTIFICATE OF SERVICE

Movant certifies that a true and correct copy of this Motion and all supporting papers was served on counsel of record and parties as follows:

Date of service:

Method of service: Mail Hand delivery Facsimile Other (describe below)

7. MISCELLANEOUS PROVISIONS

Governing Law: This Motion and any order entered hereunder shall be governed by and construed in accordance with the laws of the state of .

Entire Agreement: This Motion, together with incorporated exhibits and affidavits, constitutes the entire written request for transfer of venue by Movant and supersedes any prior written statements on the issue.

Severability: If any provision of this Motion is held invalid or unenforceable, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect.

Amendments; Waiver: Movant reserves the right to amend this Motion and to offer additional affidavits, declarations, or evidence in support of the requested transfer. Failure to assert any provision shall not constitute a waiver of that provision.

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