Free mc316.p65 - Michigan

Approved, SCAO

Original - Court 1st copy - Receiving court

2nd copy - Plaintiff 3rd copy - Defendant

STATE OF MICHIGAN JUDICIAL DISTRICT JUDICIAL CIRCUIT
Court address

CASE NO. ORDER FOR CHANGE OF VENUE
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.
specify

shall pay

the filing fees in the receiving court. .

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. (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 Judge

upon

.

Bar no.

MC 316 (8/07)

ORDER FOR CHANGE OF VENUE

MCR 2.222, 2.223, 2.225, 2.226

INFORMATION FOR TRANSFERRING CASES CHANGE OF VENUE Follow these instructions when ordering change of venue (on front) 1. Venue Originally Proper
FILING FEES PAID BY JURY FEES PAID BY DUTIES OF CLERKS OTHER EXPENSES OTHER CONDITIONS

Paid to receiving court Moving party Note: The original filing fee is not refunded or transferred Paid to receiving court Clerk of transferring court Chargeable to plaintiff as ordered Case dismissed by receiving court 56 days after transfer if fees and costs not paid Charged to transferring court MCL 600.1655

2. Venue Originally Improper

Paid to receiving court

Plaintiff

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

Paid to transferring court

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

3. Originally Improper

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