Order For Change Of Venue Form. This is a Michigan form and can be use in Civil Statewide.
Tags: Order For Change Of Venue, MC 316, Michigan Statewide, Civil
STATE OF MICHIGAN JUDICIAL DISTRICT JUDICIAL CIRCUIT 2nd copy - Plaintiff 3rd copy - Defendant Original - Court 1st copy - Receiving court Approved, SCAO CASE NO. ORDER FOR CHANGE OF VENUE Court address Court telephone no. Plaintiff name(s) and address(es) Defendant name(s) and address(es) v Plaintiff's attorney, bar no., address, and telephone no. 1. On the court's own initiative motion by for a change of venue in this case, the court finds that venue is proper. improper. 2. The party moving for change of venue, where venue is proper, has tendered with this court a negotiable instrument in the amount of the appropriate filing fee, payable to the court to which the case is to be transferred. IT IS ORDERED: 3. Venue be changed to District Court. Circuit Court. Reason, if venue is proper: a. Venue is proper only because of the joinder of a codefendant who was not joined in good faith but only to control venue. (MCR 2.225) b. Multiple claims are joined in the action, and the venue of one or more would have been improper if the claims had been brought in separate actions. (MCR 2.222[C]) c. Convenience of the parties. d. Other: 4. Causes of action are severed. The cause of action entitled shall be transferred. The balance of the case shall be retained by this court. 5. shall pay the filing fees in the receiving court. . specify No further proceedings shall be had after transfer until these costs/expenses are paid, and if not paid within 56 days of the date of this order, this case shall be dismissed by the court to which it is transferred. (MCR 2.223[B]) 6. Costs and/or expenses of the trial shall be paid by presentment of an order of a judge presiding in the jurisdiction to which the case is transferred. upon (MCL 600.1655) 7. The court clerk shall certify and transfer this case to If a jury fee has already been paid to this court, it shall be forwarded to the court to which this action is transferred. Date MC 316 (8/07) Judge ORDER FOR CHANGE OF VENUE . Bar no. MCR 2.222, 2.223, 2.225, 2.226 American LegalNet, Inc. www.FormsWorkflow.com INFORMATION FOR TRANSFERRING CASES CHANGE OF VENUE 1. Venue Originally Proper PAID BY JURY FEES OTHER OTHER EXPENSES CONDITIONS Paid to receiving court Moving party Note: The original filing fee is not refunded or transferred Charged to transferring court MCL 600.1655 Paid to receiving court 2. Venue Originally Improper PAID BY DUTIES OF CLERKS Follow these instructions when ordering change of venue (on front) FILING FEES Paid to receiving court Clerk of transferring court Plaintiff Chargeable to plaintiff as ordered Case dismissed by receiving court 56 days after transfer if fees and costs not paid No form is available for transferring jurisdiction. The following transfer of jurisdiction information is provided to show the different requirements for change of venue versus transfer of jurisdiction. These instructions do not apply to the Order for Change of Venue on the other side of this form. TRANSFER OF JURISDICTION FILING FEES PAID BY JURY FEES PAID BY DUTIES OF CLERKS OTHER EXPENSES OTHER CONDITIONS 1. District to Circuit Moving party Paid to receiving court Clerk of transferring court Clerk must By moving present papers party as to district ordered court judge to initiate transfer Circuit judge may require additional pleadings 2. Circuit to District Circuit court clerk Paid to or retained by circuit court clerk Party Circuit court responsible for payment of juror fees and mileage; district court clerk notifies parties of date file is received District court cannot return file to circuit; review order by application to appeal only; verdict can exceed $25,000 Plaintiff Forwarded by transferring court if paid Party Notify judge of By plaintiff transferring as ordered court if fees and costs not paid in 28 days or notify parties of transfer Case dismissed by transferring court if fees and costs not paid in 28 days Paid to transferring court 3. Originally Improper American LegalNet, Inc. www.FormsWorkflow.com