§ RULE 2.223 CHANGE OF VENUE; VENUE IMPROPER

Codes > Michigan Court Rules > Chapter 2 > Subchapter 2.200 > RULE 2.223

RULE 2.223 CHANGE OF VENUE; VENUE IMPROPER

(A) Motion; Court's Own Initiative. If the venue of a civil action is improper, the court

(1) shall order a change of venue on timely motion of a defendant, or

(2) may order a change of venue on its own initiative with notice to the parties and opportunity for them to be heard on the venue question.

If venue is changed because the action was brought where venue was not proper, the action may be transferred only to a county in which venue would have been proper.

(B) Costs; Fees.

(1) The court shall order the change at the plaintiff's cost, which shall include the statutory filing fee applicable to the court to which the action is transferred, and which may include reasonable compensation for the defendant's expense, including reasonable attorney fees, in attending in the wrong court.

(2) After transfer, no further proceedings may be had in the action until the costs and expenses allowed under this rule have been paid. If they are not paid within 56 days from the date of the order changing venue, the action must be dismissed by the court to which it was transferred.

(3) If the jury fee has been paid, the clerk of the transferring court shall forward it to the clerk of the court to which the action is transferred.

(4) MCL 600.1653 applies to tort actions filed on or after October 1, 1986.