How to Change Venue

Pursuant to MCR 2.221, a defendant must file a motion for change of venue either before or at the time of filing an answer to a complaint.  Failing to do so waives an objection to venue unless the moving party, with reasonable diligence, did not and could not have discovered the facts supporting a change of venue more than 14 days before filing the motion.

Furthermore, when venue is proper, the court, under MCR 2.222, may only order a change of venue upon the motion of a party, usually the defendant.  When venue is proper, the court will only order a change for the convenience of the parties and witnesses, or when an impartial trial cannot be held in the current venue.  Additionally, the party moving for change of venue must pay the applicable filing fee to the new venue.  Moreover, if the jury fee has already been paid, the clerk for the transferring court shall forward it to the clerk of the new court.

Under MCR 2.223, when venue is improper, the court may order a change of venue either upon motion by a party or at its own initiative.  When venue is improper, the court may only transfer the action to a county where venue would have been proper.  Finally, when the court orders a change of venue under MCR 2.223, the Plaintiff will pay the filing fee to the new venue, and may also be ordered to pay reasonable compensation to the defendant, including reasonable attorney fees, for attending the wrong court.