How to File a Motion for Transfer

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A motion to transfer is a request to move a case from the existing judge or court. Motions to transfer can be requested for a variety of reasons, from inconvenience of the parties to the belief that the defendant cannot receive a fair trial in the jurisdiction where the matter is pending. You must file your motion to transfer with the court currently handling your matter.

Draft your motion to transfer. You can obtain a blank form from the clerk's office at your district or county courthouse. Include in the motion caption the information from your pending case. While specifics vary from state-to-state, your motion should contain a short statement as to your grounds for transfer, and affirmatively state the motion is made in good faith.

File the motion with the clerk of court, and upon paying the filing fees -- which can range from $25 to $200 -- you will receive a stamped copy along with a hearing date on your motion. Serve a copy of the stamped order via a special process server such as the county sheriff.

Appear at hearing on your motion. The court will review the motion, and allow the opposing party to respond to your request. The court will examine a variety of factors in making a decision, such as the ease of obtaining witnesses in the new location, and ease of access to any property or individuals which are the subject matter of the case. If the court finds your motion to be reasonable, it will grant the change of venue.


About the Author

Based near Chicago, Sameca Pandova has been writing since 1995 and now contributes to various websites. He is an attorney with experience in health care, family and criminal prosecution issues. Pandova holds a Master of Laws in health law from Loyola University Chicago, a Juris Doctor from Case Western Reserve University and a Bachelor of Arts in history and political science from Case Western.

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