Q: How do I file a motion for change of venue in Tennessee civil court?
A:
Here are the key steps to file a motion for change of venue in a Tennessee civil court:
1. Determine valid grounds for change of venue. In Tennessee, reasons can include:
- The county designated in the complaint is not the proper county.
- The convenience of the parties and witnesses and the interest of justice would be promoted by the change.
- Undue prejudice against a party exists in the county where the action is pending.
- Any other ground exists upon which a change of venue may be ordered.
2. Draft the motion. It should be titled "Motion for Change of Venue" and include:
- The case caption with the court, parties, and case number
- The facts and grounds supporting the change of venue request
- The county you are requesting the case be moved to
- A signature and certificate of service
3. File the motion with the court clerk where the case is currently pending. You will likely need to pay a filing fee.
4. Serve a copy of the filed motion on the opposing party or their attorney. Methods can include personal delivery, mail, or leaving it with the court clerk if the opposing party has no known address.
5. Wait for a response from the opposing party, if any. They have a certain number of days to file a response in opposition to your motion.
6. Attend the hearing scheduled by the court on your motion. Be prepared to argue the grounds for your change of venue request.
7. If the judge grants the motion, the case will be transferred to the new county. If it is denied, the case will proceed in the original county.
For the specific rules, consult the Tennessee Rules of Civil Procedure, particularly Rule 12.02 and 12.03 regarding improper venue, and TN Code § 20-4-101 through 20-4-203 on change of venue. It's advisable to have an attorney assist with this process if possible.
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