How to File a Motion for Change of Venue in Florida

To file a motion for change of venue in Florida, you submit a written motion to the Clerk of Court in the county where the case is currently pending, verified under oath and supported by affidavits, identifying which legal ground you’re invoking and the specific facts behind it. The rules differ depending on whether your case is civil or criminal, and both paths carry firm deadlines that can permanently waive your right to challenge venue if missed.

Pick the Legal Ground Before You Draft

The motion has to name the reason it’s being filed. Florida recognizes different grounds depending on the type of case.

Civil Cases

There are three grounds in civil litigation. The first is that you cannot receive a fair trial in the current county. Section 47.101 allows a transfer when the opposing side has undue influence over the local community, or when the moving party is so disliked locally that an impartial jury is impossible.¹ Heavy pretrial publicity is the classic example, but the statute reaches further.

The second is that the case was filed in the wrong county to begin with. Florida requires civil suits to be filed where the defendant lives, where the events happened, or where the disputed property sits.² If none of those apply to the current county, a defendant can move to transfer. Florida courts typically transfer rather than dismiss.

The third is convenience. Section 47.122 lets a court transfer any civil case to another county where it could have been filed if the move is more practical for the parties or witnesses, or if justice requires it.³ Judges look at where witnesses and evidence are, document access, and travel costs. Showing that the new location would be marginally more convenient is not enough.

Criminal Cases

Criminal cases are tried in the county where the offense happened.⁴ The ground for a transfer is that a fair and impartial trial cannot be held there for any reason other than bias by the trial judge. Either the prosecution or the defense can file, though defendants file far more often.⁵

Meet the Deadline or Lose the Argument

This is where most venue challenges fail. The deadlines are short, and missing them usually means the case stays where it is.

In a civil fair-trial motion under Section 47.101, the motion must be filed no fewer than 10 days after the case is at issue (both sides have filed their initial pleadings), unless you can show good cause for the delay.⁶

A wrong-venue challenge is even more time-sensitive. Under Florida’s civil procedure rules, improper venue must be raised in your first responsive pleading or in a pre-answer motion. Answer the complaint without raising it, and the objection is treated as waived. There is no second chance.

In criminal cases, the motion must be filed at least 10 days before the case is called for trial, unless good cause is shown for a later filing.⁵ Waiting until the morning of trial without a compelling excuse gets the motion denied on timing alone, no matter how strong the underlying argument.

What the Motion Must Contain

The motion is a written document filed with the court. It needs the full case name, case number, and the names of all parties. It must clearly state which legal ground you’re invoking and lay out the supporting facts in concrete detail. Vague assertions that the community is “biased” will not carry a motion. Specifics will.

Verification and Affidavits

Both civil and criminal motions must be sworn, but the affidavit requirements differ.

For a civil fair-trial motion under Section 47.101, the motion must be verified and supported by affidavits from at least two reputable citizens of the county who are not related to the defendant or the defendant’s attorney.⁶ Those affidavits must describe specific facts that make a fair trial unlikely. General opinions about community mood are not enough.

For criminal cases under Rule 3.240, you need your own affidavit plus affidavits from at least two additional people, each setting out the factual basis for the motion. Your attorney must also attach a certificate stating the motion is made in good faith.⁵

Supporting Evidence

Attach anything that strengthens the argument. For a pretrial-publicity motion, that can include screenshots of news coverage, social media posts, or survey data showing community attitudes. For a convenience-based motion, a list of witness addresses with an explanation of the travel burden is common. Concrete, documented evidence beats general assertions every time.

Filing and Serving the Motion

Once the motion and supporting materials are assembled, the entire package is filed with the Clerk of Court in the county where the case is currently pending. Florida requires electronic filing through the statewide e-filing portal for virtually all court documents.⁷ The portal timestamps the filing and records it on the case docket.

After filing, you must serve the motion on every other party. For represented parties, service goes to their attorney. Florida Rule of Judicial Administration 2.516 governs the method, and email service is the default for attorneys and parties who have designated an email address for service. The e-filing portal handles notification in most cases, but you remain responsible for ensuring proper service actually occurred. Attach a certificate of service to the motion stating the date of service and identifying who was served.

The Hearing and How the Court Decides

The opposing party gets a chance to respond in writing, and the court typically schedules a hearing. Both sides present arguments, walk the judge through their evidence, and may call witnesses to support or oppose the transfer.

The party asking for the transfer carries the burden. The presumption favors keeping the case where it was filed. For fair-trial motions, you have to show a reasonable likelihood that the jury pool is tainted, not just a theoretical possibility. For convenience motions under Section 47.122, the judge balances where witnesses and evidence are located, which county has the stronger connection to the dispute, and whether staying put would create genuine hardship.³

For wrong-venue challenges under Section 47.011, the analysis is simpler. The question is whether the case satisfies one of the statutory venue options: defendant’s county of residence, where the events happened, or where the property is located.² If none applies, the case should be transferred.

If the court grants the motion in a civil case, the transfer must go to a county where the action “might have been brought,” meaning the receiving county must independently meet at least one of Florida’s venue requirements.³ In criminal cases, the receiving county is selected with an eye toward demographic similarity to the original, protecting the right to a jury drawn from a representative cross-section.⁴

If the motion is denied, you generally cannot re-file the same motion unless circumstances materially change. In criminal cases, a denied venue motion can sometimes be revisited during jury selection if questioning reveals the kind of deep-seated bias the motion originally alleged.

1
Florida Senate. Florida Statutes 47.101 – Change of Venue; Application
2
Florida Senate. Florida Statutes 47.011 – Where Actions May Be Begun
3
Florida Senate. Florida Statutes 47.122 – Change of Venue; Convenience of Parties or Witnesses or in the Interest of Justice
4
Online Sunshine. Florida Statutes 910.03 – Place of Trial Generally
5
Thomson Reuters Westlaw. Florida Rule of Criminal Procedure 3.240 – Change of Venue
6
Online Sunshine. Florida Statutes 47.101 – Change of Venue; Application
7
Florida Courts E-Filing Authority. File Court Documents Online – Florida Courts E-Filing Portal