§ RULE 2.222 CHANGE OF VENUE; VENUE PROPER

Codes > Michigan Court Rules > Chapter 2 > Subchapter 2.200 > RULE 2.222

RULE 2.222 CHANGE OF VENUE; VENUE PROPER

(A) Grounds. The court may order a change of venue of a civil action, or of an appeal from an order or decision of a state board, commission, or agency authorized to promulgate rules or regulations, for the convenience of parties and witnesses or when an impartial trial cannot be had where the action is pending. In the case of appellate review of administrative proceedings, venue may also be changed for the convenience of the attorneys.

(B) Motion Required. If the venue of the action is proper, the court may not change the venue on its own initiative, but may do so only on motion of a party.

(C) Multiple Claims. If multiple claims are joined in an action, and the venue of one or more of them would have been improper if the claims had been brought in separate actions, the defendant may move to separate the claims and to transfer those as to which venue would have been improper. The court has discretion to

(1) order the transfer of all claims,

(2) order the separation and transfer moved for, or

(3) retain the entire action for trial.

(D) Filing and Jury Fees After Change of Venue.

(1) At or before the time the order changing venue is entered, the party that moved for change of venue shall tender a negotiable instrument in the amount of the applicable filing fee, payable to the court to which the case is to be transferred. The transferring court shall send the negotiable instrument with the case documents to the transferee court.

(2) If the jury fee has been paid, the clerk of the transferring court shall forward it to the clerk of the court to which the action is transferred.

(E) In tort actions filed between October 1, 1986, and March 28, 1996, if venue is changed because of hardship or inconvenience, the action may be transferred only to the county in which the moving party resides.