CHANGING VENUE (COUNTY) FOR TRIAL
What these forms do
This set of forms helps you ask the court to allow your trial to be held in a different county if
certain conditions exist. If your request is granted, your case will be “moved” to the new county.
Except in rare circumstances, each party is entitled to only one change in the trial county.
The place of trial can be changed only if:
• Another county is more convenient for the parties and witnesses
• The lawsuit was filed in a county other than one the law requires
• The judge is a party to your lawsuit, has a direct interest in the lawsuit, or is related to
the other party
or
• You cannot get a fair trial in the original county due to prejudice of that county’s
residents or the judge
Important Contact Information
Oregon Judicial Department - www.courts.oregon.gov
Oregon State Bar Lawyer Referral Service - www.oregonstatebar.org
Phone: 503.684.3763 or toll-free in Oregon at 800.452.7636
If you are deployed or about to be deployed, contact the Oregon State Bar Military
Assistance Panel (www.osbar.org/_docs/ris/militaryflier.pdf) for information about
special rights and rules that may apply to you.
STEP 1: FILLING OUT FORMS
Fill out the following form:
• Motion to Change Venue for Trial and Affidavit in Support
MAKE SURE YOU COMPLETE THE COUNTY NAME AT THE TOP OF THE FIRST PAGE OF
EACH FORM! Use the county that currently has your case.
DO NOT SIGN THE AFFIDAVIT! The affidavit must be signed in front of a notary
public or a court clerk.
Have your documents reviewed
You may want to have your documents reviewed before you file. For information about how to
find a lawyer, call the Oregon State Bar at the number on Page 1. If you are low-income, you
might be able to get your documents reviewed for a smaller fee through the Oregon State Bar’s
Modest Means program. Your local Legal Aid office might review documents for free if you
Change of Venue for Trial – Instructions OJD Official
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qualify. Facilitators may be available for free in your court, but you may have to make an
appointment. Call your court for information.
Make copies
Make one copy of all the forms for your records, and one copy of the Motion and Affidavit to
serve on the other party (see below).
STEP 2: FILING AND SERVICE
File your forms
File all the original forms with the court clerk. Ask the court how they handle “change of
venue” matters. When you file your Motion, some courts will set a later hearing for you and the
other party to appear. Other counties have rules requiring an objecting party to file paperwork
in response to your motion.
• There is no filing fee for this Motion
SERVICE
You must officially notify the other party of your Motion. Mail a true copy of the Motion and
Affidavit by first class mail to the other party’s lawyer. If the other party is not represented, you
can mail the papers to the party directly. If the judge makes specific orders about service, follow
what the judge says. Once you have mailed the copies, complete the Certificate of Service that is
included in the packet and file it with the court.
NOTE: If you already included your Motion and Affidavit in the packet of papers that was
served on the other party to start the case (the packet that included the Summons and
Complaint, Claim, or Petition), you do not have to mail the Motion and Affidavit again.
STEP 3: THE ORDER
If the judge grants your request to change venue for trial, the current court will notify the new
court and transfer your files. Contact your current court to find out how long it should take. The
new court will notify you of future court dates. All further questions should be directed to the
new court.
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IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF
Case No: ___________________
Petitioner/Plaintiff MOTION TO
and/v. CHANGE VENUE FOR TRIAL
and AFFIDAVIT IN SUPPORT
Respondent/Defendant No filing fee
Motion
I am the Petitioner/Plaintiff Respondent/Defendant Other:
in this case
A General Judgment HAS NOT been entered in this case
I ask the court to change the place of trial to the following Oregon county:
Statement of Points and Authorities
Oregon Revised Statutes 14.110 allows a court to change the place of trial on motion of either
party under certain circumstances when it appears from the affidavit that the motion is not
made for purpose of delay and the change is in the interests of fairness or convenience of the
parties or witnesses.
Affidavit
This Motion is not intended to delay the case
I have not been granted a change of venue for this case in the past or
I was previously granted a change of venue for this case. This request is based on
facts that did not exist at the time of the prior change.
Transfer to the new court is appropriate because: (check all that apply):
The new venue is more convenient for parties or witnesses
This case should not have been filed in this county and
I have not yet filed an answer or response
The judge is a party to or directly interested in the events of this case, or is related to the other
party
The judge or residents of this county are so prejudiced against me that I cannot expect an
impartial trial here
Explain:
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I hereby declare that the above statements are true and complete to the best of my
knowledge and belief. I understand they are made for use in court and I am subject
to penalty for perjury.
Date Signature (sign in front of the notary or court clerk)
Print Name
Contact Address City, State, Zip Contact Phone
State of ______________, County of _____ _______
Signed and sworn to (or affirmed) before me on (date) ______ ____ _ by
(name)
My commission expires:
Signature of notarial officer
Title (and rank, if military officer)
Certificate of Mailing
Service mailing is not required because this motion was filed at the same time as the initial
case filing and served under ORCP 7 with the initial filing and summons
or
I certify that on (date): I placed a true and complete copy of this
Motion and Affidavit. in the United States mail to (name): at
(address):
Date Signature
Name (printed)
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