Legal Definitions - motion to transfer venue

A motion to transfer venue is a formal request made to a court asking it to move a legal case from its current geographical location (the "venue") to a different one. This request is typically made because the original location is considered legally improper according to court rules, or because there's a concern that a fair trial cannot be held in the current location due to significant local bias or prejudice.

Here are some examples illustrating when a motion to transfer venue might be filed:

• Example 1: Improper Filing Location

  Imagine a contract dispute between two companies. Company A is based in Dallas County, Texas, and Company B is based in Harris County, Texas. Their contract specifies that any lawsuits must be filed in Dallas County. However, Company A mistakenly files a lawsuit against Company B in Travis County, Texas. Company B would then file a motion to transfer venue, arguing that Travis County is an improper venue based on the contract's terms and that the case should be moved to Dallas County as agreed.

  How this illustrates the term: This example demonstrates a motion to transfer venue being used when the initial filing location (Travis County) is legally improper according to the agreement between the parties, and the defendant requests the case be moved to the correct, agreed-upon venue (Dallas County).

• Example 2: Concern for Local Prejudice

  Consider a high-profile criminal case where a defendant is accused of a serious crime in a small, close-knit community. The alleged crime has generated intense media coverage and strong public opinion against the defendant within that community, making it difficult to find impartial jurors. The defendant's legal team might file a motion to transfer venue, arguing that due to widespread local prejudice and negative sentiment, their client cannot receive a fair trial in that specific county. They would request the case be moved to a different, larger county where public opinion is less likely to be swayed.

  How this illustrates the term: Here, the motion is filed not because the original venue is technically improper by rule, but because the prevailing local sentiment or prejudice makes it unlikely for the defendant to receive an unbiased hearing, necessitating a move to a more neutral location.