Motion to Transfer Venue – transfer the case to another district or county, usually due to improper jurisdiction or local prejudice

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     If a court lacks jurisdiction, it may be that the case was taken before the wrong courthouse (“improper venue”); the case may then be dismissed via a motion to dismiss or the venue can be transferred via a motion to transfer venue.

improper venue:

1. A place or court where jurisdiction is not authorized under a statute or by agreement of the parties.

motion to transfer venue:

1. A request that the court transfer the case to another district or county, usually because the original venue is improper under the applicable venue rules or because of local prejudice.

change of venue:

1. The transfer of a case from a court in one locale to another in the same judicial system to cure a defect in venue, either to minimize the prejudicial impact of local sentiment or to secure a more sensible location – — aka transfer of venue; transfer of proceedings. [1]

1. The removal of a cause for trial from one country to another county.  See 56 Am J1st Ven § 42. [2]

1. Moving the trial of a case from one county or judicial district to another county or judicial district.  The most common reason for a court to permit a change int he venue of a criminal trial is the defendant’s inability to receive a fair trial, usually as the result of undue or unfair publicity.  The issue is put before the court by means of a motion for change of venue. [2]


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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition
 by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]: Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.


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