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Motion for change of venue in NC

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Kitten Sandwich

Junior Member
What is the name of your state? NC

When a civil action is commenced in North Carolina, and the defendant wants the case moved to a courthouse that is closer to his residence, what is the appropriate method for requesting the change of venue? And when the motion is filed does the clock stop on the 30 day period the defendant has to file an answer to the claim?
 


>Charlotte<

Lurker
Searching the NC statutes for "change of venue" returned nine hits, but most of them seemed to deal with criminal, rather than civil, cases. But I did find this:

NC GS 7A-258
§ 7A‑258. Motion to transfer.

(a) Any party, including the plaintiff, may move on notice to all parties to transfer the civil action or special proceeding to the proper division when the division in which the case is pending is improper under the rules stated in this Subchapter. A motion to transfer to another division may also be made if all parties to the action or proceeding consent thereto, and if the judge deems the transfer will facilitate the efficient administration of justice.

The rest of GS 7A-258 can be found here:
http://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_7a/gs_7a-258.html

I didn't want to post the whole thing here because it's so extensive, but further along I think it describes proper procedure, etc.
 

Kitten Sandwich

Junior Member
thanks, I was having trouble finding anything other than criminal, this looks like it is the right area. I still can't tell by reading it if it this extends the 30 day time frame or not.
 

>Charlotte<

Lurker
You're welcome. And I didn't see that, either, but someone else will probably be along to answer that part for you. I just wanted to get you started. I'm in NC, too. If you're in Mecklenburg, I know the Clerk of Court can answer your question. I don't know if other counties' clerks could/would.
 

Kitten Sandwich

Junior Member
Cool, I am up in Greensboro. I talked to someone at the clerks office but she seemed to think it would be giving legal advice to answer that question :rolleyes:
 

>Charlotte<

Lurker
Also, you can contact Legal Aid of NC at http://www.legalaidnc.org/

Sorry to bombard you with all this info. I'm taking some kind of narcotic cough medicine so I'm a little hyper tonight. I thought that stuff was supposed to make you sleepy?? It just makes me want to look up statutes and answer legal questions.
 

Rexlan

Senior Member
Cool, I am up in Greensboro. I talked to someone at the clerks office but she seemed to think it would be giving legal advice to answer that question :rolleyes:

This is really pretty info to find on the Internet.

LOL ... most of the people in the Clerks office think going to the bathroom is giving legal advise. The majority of the time they simply don't have a clue so they use that line. Over the years I have not found any of them especially helpful other than routine matters.

You offered no facts as venue is dependant on a few things. However, you should raise an objection to venue in your answer to the complaint. Then you have almost forever to argue it.

Assuming you are a defendant. The action should be filed in your county of residence. However, if you have moved since you were served then I suspect you can not get the venue changed for your convenience.

If there are several defendants then the action can be filed in any county that one of them resides.


Section 1-82 of the North Carolina General Statutes, an “action must be tried in the county in which the plaintiffs or the defendants . . . reside at its commencement[.]”
 

You Are Guilty

Senior Member
While "wanting" a closer courthouse is rarely (if ever) valid grounds for a change of venue, if your goal is to get more time to file an answer, you can just include that request in your venue motion, i.e. First request for relief = change of venue; second request for relief = extension of time to file answer until XX/XX/2008; third request for relief = whatever else you can think of.
 

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