Fill and Sign the Motion Change Venue 497314118 Form

IN THE CIRCUIT COURT OF       COUNTY,             PLAINTIFF VS. CAUSE NO.             DEFENDANT MOTION TO CHANGE JURISDICTION/VENUE COMES NOW the Defendant/Counter Plaintiff,       , in the above entitled and numbered action and moves this Court for its Order transferring the action or trial from the Circuit Court of       County,       , to the Chancery Court of       County,       , and for cause would show as follows: 1. This Motion is made on the ground that, under the provisions of Sec. 79-12-63 the application by or for a partner for dissolution vests jurisdiction in the Chancery Court rather than the Circuit Court. The Chancery Court of       County,       , is the proper place for the dissolution of the partnership between       and       in that the parties are both adult resident citizens of       County,       , and at all times maintained its offices or headquarters in the County of       and not elsewhere. 2. The Plaintiff in Count       seeks judicial dissolution in accordance with Sec. 79 - 12 - 79 Miss. Code Ann. (1972). (See Complaint paragraph       ). 3. The Defendant       pleads as an affirmative defense, "This Court lacks jurisdiction as Plaintiff seeks equitable relief and jurisdiction and venue is properly vested in the Chancery Court of       County,       ." (See Affirmative Defense No.       ). 4. The Defendant seeks an accounting and dissolution of the partnership in accordance with Sec. 79 - 12 - 79 Miss. Code Ann. (1972). (See paragraph       ). 5. The Defendant has requested that the Chancery Judge appoint a Special Master and order an immediate accounting of the general partnership of       and       d/b/a       . (See Counter Claim paragraph       ). 6. Both Plaintiff and the Defendant have requested relief and dissolution of the partnership in accordance with Sec. 79 - 12 - 79 Miss. Code Ann. (1972). The procedures for dissolution by decree of Court are set out in Sec. 79 - 12 - 63 Miss. Code Ann. (1972), and vests jurisdiction in Chancery Court. WHEREFORE PREMISES CONSIDERED, the Defendant/Counter Plaintiff       respectfully requests an Order transferring this cause from the Circuit Court of       County,       , to the Chancery Court of       County,       , and for such other and further relief as the Court deems just and proper. Respectfully submitted, _______________________________________       Attorney for       Of counsel:                         Telephone:       MSB #       Attorney for       CERTIFICATE OF SERVICE This is to certify that I,       Attorney for Defendant/Counter Plaintiff, have this day mailed, by United States Mail, postage prepaid, a true and correct copy of the above and foregoing Motion to Change Jurisdiction/Venue to:       This the       day of       , 20       .