Motion to Change Venue

Asking to move a case to another county or court location

In some cases, a person can ask to move their case from the current court to another county or court location. Possible reasons to move the case include:

  • The case is filed in the wrong county.
  • A party is not able to have an impartial trial in the current county.
  • It would be more convenient to the witnesses and would promote justice to move the case.

Utah Code Section 78B-3-309.

The information and forms on this web page are to ask to move a case within Utah only.

 

If you want to…

You can…

Move a case from Utah to another state

Consider talking to an attorney.

Move a case from another state to Utah

Register a foreign order if it is a final divorce decree or final child support order.

Consider talking to an attorney for other types of cases.

Move a case from district court to justice court

Read about filing a notice of removal and find forms on the Small Claims web page.

Move a case from justice court to district court

Read about filing a notice of removal and find forms on the Small Claims web page.

Move a case from juvenile to district court or from district court to juvenile court

Consider talking to an attorney.

Where to file

The Motion to Change venue is filed in the court that is currently handling the case.

 

Will the motion be decided by a judge or commissioner?

Judges may rule on all motions in all types of cases. However, in Judicial Districts 1, 2, 3 and 4, commissioners are assigned to hear most matters in divorce cases and several other types of family law cases. Motions decided by a judge and motions decided by a commissioner follow different procedures.

If you are not sure whether your case is assigned to a judge or commissioner, find out. Call the court, or look at the caption of the complaint or petition. If a commissioner's name has been listed in the caption, the motion likely will be decided by a commissioner.

Motions decided by a judge are governed by URCP 7. A judge will not rule on a motion until the time for filing an opposition to the motion has passed and a Request to Submit for Decision has been filed.

Motions decided by a commissioner are governed by URCP 101.

See the Motions web page for information about the difference in procedures and timelines depending on who is deciding the motion.

 

Forms

The forms you need depend on your case. What is your case about?

Forms for the Moving Party
Required forms for the moving party
  • Motion to Change Venue - Commissioner - PDF | Word
  • 1111FA
  • 1131FA
Optional forms for the moving party
  • 1108FA
  • 1109FA
  • 1105FA
  • 1107FA
  • 1106FA
  • 1113FA
Forms for the Opposing Party
Required forms for the opposing party
  • 1104FA
Optional forms for the opposing party
  • Counter Motion - PDF | Word
    (if the opposing party has new arguments to make in response to the moving party's motion)
  • 1108FA
  • 1109FA
    (to be used to describe voluminous exhibits, if any)
  • 1105FA
    (if the other party agrees to the motion after it has been filed)
  • 1112FA
    (if the opposing party is directed to complete the order)
  • 1113FA
    (Used to object to the proposed order)

Forms for the Moving Party
Required forms for the moving party
  • 1130FA
  • 1110FA
    (filed after all documents have been filed, or the time has passed for the other party to respond)
  • 1131FA
Optional Forms for the Moving Party
  • 1102FA
    (if both parties agree to the motion before it is filed)
  • 1105FA
    (if the other party agrees to the motion after it has been filed)
  • 1107FA
    (if someone other than the moving party has a statement to make)
  • 1106FA
    (if the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond)
  • 1111FA
    (if a hearing is requested)
  • 1113FA
    (Used to object to the proposed order)

 

Forms for the Opposing Party
Required forms for the opposing party
  • 1104FA
Optional forms for the opposing party
  • 1105FA
    (if the opposing party agrees to the motion after it has been filed)
  • 1003FA
    (if the opposing party has new arguments to make not presented in the moving party's motion)
  • 1111FA
    (if a hearing is requested)
  • 1110FA
    (if the other party has not filed this document)
  • 1112FA
    (if the opposing party is directed to complete the order)
  • 1113FA
    (Used to object to the proposed order)

If you aren’t sure whether your case is assigned to a judge or commissioner, find out. Call the court or look at the caption of the complaint or petition. If a commissioner's name is listed in the caption, the motion likely will be decided by a commissioner.

Forms for the Moving Party
Required forms for the moving party
  • 1130GE
  • 1110GE
    (filed after all documents have been filed, or the time has passed for the other party to respond)
  • 1131GE
Optional Forms for the Moving Party
  • 1102GE
    (if both parties agree to the motion before it is filed)
  • 1105GE
    (if the other party agrees to the motion after it has been filed)
  • 1107GE
    (if someone other than the moving party has a statement to make)
  • 1106GE
    (if the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond)
  • 1111GE
    (if a hearing is requested)
  • 1113GE
    (Used to object to the proposed order)
Forms for the Opposing Party
Required forms for the opposing party
  • 1104GE
Optional forms for the opposing party
  • 1105GE
  • 1103GE
    (if the opposing party has new arguments to make not presented in the moving party's motion)
  • 1111GE
    (if a hearing is requested)
  • 1110GE
    (if the other party has not filed this document)
  • 1112GE
    (if the opposing party is directed to complete the order)
  • 1113GE
    (Used to object to the proposed order)
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