House Bill No. 555

MOTION FOR CHANGE OF VENUE

IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI

V. CIVIL ACTION NO.

MOTION FOR CHANGE OF VENUE

COMES NOW Defendant, pursuant to Miss. Code Ann. Sec. 11-11-3 (Supp. 1991), Miss. Code Ann. Sec. 11-11-17 (Supp. 1991) and Rule 82 of the Mississippi Rules of Civil Procedure, and respectfully moves the Court for a change of venue, and in support thereof, states the following:

I.

This case arises out of an automobile accident which occurred in County. Plaintiffs filed this suit in County on , against Defendant, , a resident of Lawrence County. Plaintiffs contend in their Complaint that venue is proper in Claiborne County under Miss. Ann. Sec. 11-11-5 (Supp. 1991), because Plaintiff, , was a resident of County at the time suit was filed. As set forth below, this contention is false, and venue is therefore improper in County.

II.

On , a mere four (4) days after Plaintiffs filed their Complaint alleging that was a resident of County, voted in the Governor's and Sheriff's races in , thereby proclaiming himself to be a resident of . Four (4) weeks later, on , again voted in in the Governor's and Sheriff's races, again thereby proclaiming himself to be a resident of . See Affidavit of Registrar of Voters of attached hereto as Exhibit "A".

III.

Discovery and investigation has revealed that four or five weeks prior to the filing of this suit, "moved" to County, Mississippi, for the alleged purpose of attempting to establish a residence in Mississippi to avoid having to pay out-of-state tuition to attend . However, at the time suit

IV.

was filed, all of 's bills were being sent to his residence in ; continued to maintain a telephone in his name at his residence in ; would travel "home" to once or twice in the middle of the week and on the weekends virtually every week, and would spend the night on each such occasion; kept the majority of his clothes at his residence in ; washed and dried his clothes at his residence in ; kept his hunting and fishing gear in ; 's furniture remained in ; 's pets remained in ; and when repairs had to be performed upon vehicle, repairs were made in . See excerpts of 's deposition attached as Exhibit "B".

testified in his deposition that at the time suit was filed, the only thing he had in County, Mississippi belonging to him was the cover that went on his bed and his clothes; that he had no telephone in County; that he did not have a mailing address in County; that he moved none of his furniture to County; that he did not hang any pictures on tile wall of the place he periodically stayed in County; that he didn't know the names of his neighbors well; that he never worked in County; that his mother paid his conspicuously low "rent" of $ per month; and that approximately seven or eight months after he allegedly moved to County, he moved to Amite County to reside with his father, . See excerpts of 's deposition attached as Exhibit "B".

Although registered to vote in County in , the same month he voted in the primary election in , testified that he has never voted in County. It further appears that neglected to advise the Registrar of Voters of County that he was a registered voter in , as the Registrar of Voters of has received no such notice from County as is customary in such cases.

V.

Based upon the above, it is imminently clear that at the time suit was filed, was a resident of , and not County as alleged in the Complaint. To argue otherwise is to concede that has committed a fraud by voting in while a resident of Mississippi, and is simply not credible given the facts set forth above.

WHEREFORE, PREMISES CONSIDERED, Defendant respectfully moves the Court to change the venue of this action to either Amite or County, Mississippi, for all expenses of such transfer to be borne by the Plaintiffs, and for all costs and attorney's fees incurred in connection with the filing of this Motion to be awarded Defendant.

Respectfully submitted,