Motion for Change of Venue in Illinois

Understanding the Purpose and Significance of a Motion for Change of Venue

“The Illinois Code of Civil Procedure provides that the right of a civil litigant to a change of venue is absolute where a petition alleging judicial prejudice is filed before trial or hearing and before the trial judge has made any substantive ruling in the case. (Hartnett v. Stack (1993) 241 Ill. App. 3d 157, 167 citing Ill. Rev. Stat. 1991, ch. 110, pars. 2-1001(a)(2), (c); In re Marriage of Kozloff (1984) 101 Ill.2d 526, 530.)

“If timely made, the right to a change of venue is mandatory so that a trial judge has no discretion to deny a timely and proper petition for a change of venue.” (Hartnett v. Stack (1993) 241 Ill. App. 3d 157, 167 citing In re Dominique F. (1991) 145 Ill.2d 311, 319.)

Procedural Steps Involved in Filing a Motion for a Motion for Change of Venue

“[T]o be timely, a petition for a change of venue must be offered at the earliest practical moment, and a petition is too late if it is presented after the trial judge has ruled on a substantive issue in the case.” ( City of Chicago in Trust for the Use of Schools v. Hamlin (1962), 24 Ill.2d 148, 150.)

“A petition for a change of venue ‘must be brought at the earliest practical moment in order to prohibit a litigant from seeking a change of venue only after he has formed an opinion that the judge may be unfavorably disposed toward his or her cause.’” (Hartnett v. Stack (1993) 241 Ill. App. 3d 157, 167 citing Paschen Contractors, Inc. v. Illinois State Toll Highway Authority (1992) 225 Ill. App.3d 930, 936.)

Standard of Review and Burdens of Proof for Change of Venue

“An appellate court will not disturb a grant or denial of a petition for change of venue absent an abuse of discretion.” (Hartnett v. Stack (1993) 241 Ill. App. 3d 157, 169 citing Gouker v. Winnebago County Board of Supervisors (1967) 37 Ill.2d 473, 475.)

Legal Precedents and Case Law on Motions for Change of Venue

“The right to a change of venue is absolute where a motion alleging prejudice of the judge is filed before trial or hearing and before the judge presiding in the case has made any substantial ruling.” (Becker v. R.E. Cooper Corp. (1990) 193 Ill. App. 3d 459, 462 citing Stoller v. Paul Revere Life Insurance Co. (1987) 163 Ill. App.3d 438.)

“The salutary principle is that one should not be compelled to plead his cause before a judge who is prejudiced, whether actually or only by suspicion, and the right is mandatory if made in apt time.” (Becker v. R.E. Cooper Corp. (1990) 193 Ill. App. 3d 459, 462 citing American State Bank v. County of Woodford (1977) 55 Ill. App.3d 123.)