Fill and Sign the Motion Change Venue 497337590 Form

IN THE CIRCUIT COURT OF ________ COUNTY, __________ NAME OF PLAINTIFF )       ) ) V. ) ) NO. ) ) NAME OF DEFENDANTS )       ) MOTION FOR RECUSAL, CHANGE OF VENUE AND SEVERANCE OF CLAIMS COMES NOW _______________, M.D., one of the defendants herein, by and through counsel, pursuant to Sections _________ and __________ _______ (_____) Rule _______ _______ and files this his Motion for Recusal of Judge, for Change of Venue and for Severance of the action against him from that brought against ___________, M.D., co - defendant herein. In support his motion, this defendant would show unto the Court the following: 1. The Complaint filed in this action against this defendant on ___________, 20___, arose out of treatment and care of the plaintiff by the defendants, including a surgical procedure on __________, 20___, for which the plaintiff has alleged injuries as a result of professional negligence and failure to obtain informed consent. 2. On _________, 20____, this defendant was arrested and charged with one count of arson related to the ________, 20____, fire at his office in _________. On ________, 20____, defendant was convicted of arson in _____________________. 3. Further, this defendant does not believe he will receive a fair trial if his case is tried concurrently with that of his co - defendant, again because of the adverse publicity he has received in the criminal trials. 4. Likewise, this defendant does not believe he will receive a fair trial if he is tried in the same county as is the residence of the Circuit Clerk of _____________ due the fact that the plaintiff is __________________. 5. As part of his petition, defendant adopts his affidavit, attached as Exhibit "A.". WHEREFORE, defendant moves for a recusal of the judge assigned to this civil action, change of venue, and for a severance of the action against him to be tried and judgment entered independently. Respectfully submitted, - 1 - __________________________ BY:_______________________ __________________________ STATE OF _____________ COUNTY OF ___________ PERSONALLY came and appeared before me, the undersigned authority in and for the jurisdiction aforesaid, the within named ___________________________, M.D., who, _________________________________. SWORN TO AND SUBSCRIBED before me this the ___ day of ___________, 20__. NOTARY PUBLIC (S E A L) My commission expires: CERTIFICATE OF SERVICE I, ___________, one of the attorneys for the defendant, ___________, M.D., do hereby certify that I have this day served via United States Mail, postage prepaid, a true and correct copy of the above and foregoing Notice of Hearing and Motion for Change of Venue, Recusal and Severance of claims on the court and the judge in accordance with Section _______________ __________________ (______) and the following counsel of record: __________________________________________ Dated this the ___________ day of ___________, 20____. _____________________________ _____________________________ - 2 -