Motion for Change of Venue in New Hampshire

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

“Rules of venue are rules for selecting a trial forum from among those having jurisdiction.” (See Dancart Corp. v. St. Albans Rubber Co. (1984) 124 N.H. 598, 602.)

“The current remedy for improper venue, it seems to me, is a trial in a county where venue is proper.” (See In re New Hampshire (2007) 156 N.H. 148, 166.)

“Such considerations are the plaintiff's interest in securing some forum, preferably a convenient one, in which to have an adjudication of her claim on the merits.” (See Litchfield v. Pfeffer (1976) 116 N.H. 485, 488.)

“For instance, another court with concurrent jurisdiction may be a more convenient forum to decide the particular matter, or proceedings pertaining to the same matter may be pending in another state.” (See In re Estate of Mullin (2017) 169 N.H. 632, 637.)

Procedural Steps Involved in Filing a Motion for Change of Venue

Pursuant to Section 507:11 of the New Hampshire Revised Statutes, “the superior court may change the venue in any civil proceeding when justice or convenience requires it.” (See N.H. Rev. Stat. § 507:11.)

Rule 115 of the New Hampshire Circuit Court Rules –Probate Division also governs change of venue and inconvenient forums.

“Venue of any Probate administration or other proceeding may be changed from the Probate Court of one county, hereafter called "transferring Court," to the Probate Court of any other county, hereafter called "receiving Court." Upon Petition or Motion to both Courts and sufficient proof of inconvenience, change of residence of a principal Party to the proceeding, or other good cause shown, in the discretion of the transferring Court, venue may be changed subject to acceptance by the receiving Court.” (See N.H. R. Cir. Ct. Prob. Div. 115.)

“Once the transferring Court has granted and the receiving Court has accepted the change of venue, the transferring Court shall forward the original file of the Probate records to the receiving Court and retain a copy, unless, as a part of the order of transfer or acceptance, only a specified part of the original file is transferred or ordered reproduced and authenticated. Upon the change of venue, the transferring Court shall give notice to all interested Parties of the change of venue and notice that all future Pleadings shall be filed with the receiving Court.” (See id.)

“Whenever transfer is made of the administration of a decedent's estate, a guardianship, a conservatorship, or other proceeding where a bond is pending in the transferring Court, the bond shall remain in effect unless or until specifically discharged by the receiving Court. In those cases where a new bond is required by the receiving Court, the transferring Court may discharge the original bond.” (See id.)

"To effect a change of venue, the following must occur:

1. A Motion shall be filed in the transferring Court;
2. The Motion must be granted by the transferring Court;
3. A Petition to accept the transfer must be filed in the receiving Court;
4. A Petition to accept the transfer must be granted by the receiving Court;
5. The Petitioner shall notify the bonding company of the proposed transfer; and
6. The Petitioner shall file with both Courts the written assent from the bonding company to the transfer, or file a new bond with the receiving Court.”

(See N.H. R. Cir. Ct. Prob. Div. 115.)

“Jurisdiction of a Probate matter may be transferred out of state by following the procedure outlined above, except that the transferring Court shall forward certified copies of the file to the receiving Court and shall retain the original file.” (See id.)

Discretion of the Court in Deciding a Motion for Change of Venue

The granting or denying of a motion for change of venue is reviewed for an abuse of discretion. (See State v. Steer (1986) 128 N.H. 490, 492.)

“Absent an abuse of discretion, we will uphold the trial court's rulings on these matters.” (See id.)

“To constitute abuse, reversible on appeal, the discretion must have been exercised for reasons clearly untenable or to an extent clearly unreasonable to the prejudice of the objecting party. If there is some support in the record for the trial court's determination, we will uphold it.” (See Town of Nottingham v. Newman (2001) 147 N.H. 131, 136.)

Legal Precedents and Case Law on a Motion for Change of Venue

It is well settled that “RSA 173-B:2 provides district courts and superior courts with concurrent jurisdiction and further provides that one court may transfer the proceeding to another court as the interests of justice or the convenience of the parties may require." (See RSA 173-B:2, III; Fichtner v. Gordon Pittsley (2001) 146 N.H. 512, 515.)

It is also well settled that “the underlying principle of this doctrine is that a court, even though it has jurisdiction, will not exercise it if it is a serious inappropriate forum for the trial of the action so long as an appropriate forum is available to the plaintiff.” (See Van Dam v. Smit (1959) 101 N.H. 508, 509.)