VIRGINIA:
IN THE CIRCUIT COURT OF THE COUNTY OF CHESTERFIELD
[ENTER NAME]
Plaintiff
vs.
[ENTER NAME]
Defendant
Case No. [ENTER CASE NUMBER]
MOTION TO TRANSFER VENUE
COMES NOW Plaintiff [ENTER NAME], and respectfully moves this honorable
court for a change in venue pursuant to Va. Code § 8.01-257. The Plaintiff states as follows:
FACTS IN SUPPORT OF MOTION
The Plaintiff’s filed a Petition for Judicial Review of election records under VA code
13.1-861 and a motion for judicial dissolution of a non-stock corporation under VA code
13.1-909 in the Richmond Circuit Court.
The Defendant was subsequently served with both petition and motion by the
Plaintiff. However the Defendant failed to file a timely answer under VA Supreme court Rule
3:8.
Defendant then filed an untimely response to all the Plaintiffs pleadings and a motion
for change of venue.
The Judge held transferred the case to a chesterfield circuit court. Plaintiff now files
the instant Motion to seek for a transfer of this case back to the Richmond Circuit Court.
ARGUMENTS
A. The Richmond Circuit Court is the convenient forum
Venue is permissible “[p]rovided there exists any practical nexus to the forum
including, but not limited to, the location of fact witnesses, plaintiffs, or other evidence to the
action, wherein the defendant regularly conducts substantial business activity….” Va. Code §
8.01-262(3) (Emphasis added).
The Court may transfer an action to any fair and convenient forum having
jurisdiction within Virginia. Va. Code § 8.01-265. “Good cause shall be deemed to include,
but not to be limited to, the agreement of the parties or the avoidance of substantial
inconvenience to the parties or the witnesses, or complying with the law of any other state
or the United States.” Id (Emphasis added).
The Courts have held that courts may grant a party’s Motion to Transfer a case to a
forum with a “strong practical nexus”. Norfolk & W. R. Co. v. Williams, 239 Va. 390, 394,
389 S.E.2d 714, 717 (1990). Further, in considering a Motion to Transfer, the court considers
the facts and interests in its individual case, and chooses the fair and convenient forum.
Littleton v. Norfolk S. Ry. Co., 87 Va. Cir. 333, 334 (Va. Cir. Ct. 2013).
In the instant action, Plaintiff had filed the case at the Richmond Circuit Court, which
is the convenient forum. Notably, the Richmond Circuit Court has personal jurisdiction over
Plaintiff since Plaintiff lives and/or conducts business within the said Court’s jurisdiction.
Plaintiff stands to suffer prejudice; inconvenience; and cost implications in the event this
Motion is dismissed. Accordingly, Plaintiff avers that there is good cause to move this
Honorable Court for a transfer of the matter to the said Court.
B. The transfer from the Richmond Circuit Court to this court was improper.
The plaintiff’s choice of forum is entitled to a “presumption of correctness” that
should not be lightly defeated. Norfolk & W. Ry. Co. v. Williams, 239 Va. 390, 394, 389
S.E.2d 714, 717 (1990) (citing Piper Aircraft v. Reyno, 454 U.S. 235 (1981)); accord
Champigny v. Bayly, 55 Va. Cir. 381, 382 (Norfolk 2001). The plaintiff also is not required to
explain his choice of forum. Kollman v. Jordan, 60 Va. Cir. 293, 294 (Chesterfield Cty.
2002).
The law permits a defendant to object to venue if not properly laid by the plaintiff
according to the venue statutes. Va. Code § 8.01-264. However, to object to venue, the
defendant must file a motion “within twenty-one days after service of process
commencing the action,” and the motion “shall set forth where [in the Commonwealth] the
defendant believes venue to be proper.” Id (Emphasis added).
In the instant action, the Defendant the Defendant’s motion for change was not filed
in a timely manner. This reason alone defeats the propriety of the transfer of the case from the
Richmond Circuit Court to this Court.
CONCLUSION
In light of the foregoing, a change of venue here is necessary to ensure the Plaintiff is
not subjected to inconveniences and prejudice.
WHEREFORE, the Defendant prays that the honorable Court grants:
- An Order granting the Plaintiff’s Motion for a Change in Venue;
- Any other Order this Court deems fit and just.
DATED: __
Respectfully Submitted,
[ENTER NAME]
CERTIFICATION OF MAILING
Plaintiff affirms that a copy of the above Motion for Transfer of Venue was served upon the
Defendant to this action by electronic and/or U.S. mail to their respective addresses as stated
below:
[ENTER ADDRESS]
DATED: __
Respectfully Submitted,
[ENTER NAME]
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