What is a motion for a change of venue?
A motion for a change of venue is a legal request to move a court case from one court or jurisdiction to another. In West Virginia, this motion is typically made because a party in the lawsuit believes there may be some bias or prejudice in the initial court. The motion is usually made by one of the parties in the case to the court in which the case is being heard. When filing a motion for a change of venue in West Virginia, the moving party must provide evidence that the court in which the case is currently being heard is not the appropriate or proper court to make a decision in the case. This could include proof that the chosen court does not have jurisdiction over the matter, that there is bias or prejudice within the presiding court, or that a more convenient court exists which is better able to handle the case. If the motion is granted, the court must order the case to be heard in the new court. The new court must then take the place of the court that had been originally assigned the case. It is important to note that in West Virginia, the party making the motion to change the court is liable for all costs associated with the transfer.
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