How can I change the location of my court matter?

In Short

• Court location is usually decided by jurisdiction, the defendant's location, the place of action, or contractual terms.
• Courts may allow a change if both parties agree, it ensures fairness, or it improves convenience.
• Applications must be filed with reasons and evidence, but transfers are only granted where justified.

Tips for Businesses

Changing your court location is possible but not guaranteed. Always get legal advice before applying, as transfers can add costs and delays. Strong evidence and a clear case for fairness or convenience will improve your chances of success.

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When you are involved in legal proceedings, you may find that the  court where your matter is scheduled is inconvenient or potentially disadvantageous to your case. Understanding when and how you can move your matter to a different location is crucial. This article explores the process of changing the location and outlines the factors that determine the initial court location, reasons for seeking a change, and the steps involved in requesting a transfer. 

The Overarching Processp

The location of your  civil litigation proceeding is typically determined by several key factors, including:

• Jurisdiction: The registry in which you file your application, for example, the District Court or the High Court, will assist in determining the location. The High Court has three main locations in Auckland, Wellington, and Christchurch. Whereas the District Court has numerous locations within New Zealand.
• Defendant's Location:  Generally, you will need to file your application closest to the defendant's (opposing party) home or place of business. However, if this is not located in NZ, you may be able to choose which court to file in. Where there are multiple defendants, you should file in the registry closest to the primary defendant.
• Place of Action: In some cases, you may file your application in the court closest to where the actions leading to the claim occurred or where the property that the claim is about is located.
• Contractual Agreement: If your agreement specifies a specific court, then you will need to ensure you are following the process, or consider whether it is not appropriate to do so.
• Other factors: Courts may also consider the convenience for parties and witness,  the location of relevant evidence and the existence of specialised commercial lists certain courts.

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Reasons for Changing Location

Within commercial litigation, the grounds for changing your court location are generally based on convenience and fairness. Each court has its own set of rules that govern the procedure for changing your location.

The registry where your initial application was filed will determine the rules and process you must follow to transfer your matter. Generally, the court has discretion to transfer proceedings to another location if it is satisfied that the:

1. parties consent to the change;
2. transfer would promote a fair trial; or
3. transfer would be more convenient for the parties involved.

Process for Seeking a Change of Venue

If you wish to change the location of your court matter, you should follow these general steps:

1. Consult with a Lawyer: Before proceeding, it is advisable to consult with a lawyer. They can assess your case and advise on the likelihood of success.
2. File an Application: Prepare and file a formal application with the court where your case is currently scheduled. This application should clearly state the reasons for seeking a change of venue and provide supporting evidence.
3. Serve the Application: Ensure that all other parties to the proceedings are served with a copy of your application.
4. Attend a Hearing: The court may schedule a hearing to consider your application. Be prepared to present your arguments and evidence supporting the need for a change of venue.
5. Await the Decision: The judge will consider your application and make a decision. If granted, the court will issue an order transferring the case to the new location.

Challenges and Considerations

Just because you file an application does not guarantee the change will occur. While changing the venue of a court matter is possible, it is important to note that courts generally prefer to keep cases in their original location unless there are compelling reasons to move them. Some challenges you may face include:

1. Opposition from Other Parties: The other party or parties in the case may oppose your application, arguing that the current venue is appropriate.
2. Costs: The process of applying for a change of venue can incur additional legal costs.
3. Delays: Seeking a change of venue can potentially delay the resolution of your case.

Key Takeaways

Changing the location of a court matter in NZ is a process that requires careful consideration and proper legal procedure. While it can be beneficial in certain circumstances, it is not a decision to be taken lightly. If you believe that changing the venue of your court matter is necessary, you should seek legal advice to understand the specific requirements. Ultimately, the decision rests with the judge, who will weigh all relevant factors to determine whether a change of venue is in the interests of justice.

If you have any questions, our experienced disputes and litigation lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0800 447 119 or visit our membership page.

Frequently Asked Questions

Can I choose which court hears my case?

Not always. The court location is usually based on the defendant's location, the place of action, or what your contract says.

Will the court automatically approve my request to move my case?

No. Courts prefer to keep cases in the original location unless there are strong reasons, such as fairness or convenience.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.