Rule 2.223.Change of Venue; Venue Improper

Current through May 1, 2026 · Last verified July 6, 2026

In one sentenceRule 2.223 requires a court to transfer a case when it was filed in the wrong county, whether a defendant asks for it or the court raises the issue itself, and can make the plaintiff pay the new court's filing fee plus the defendant's reasonable expenses for having to defend the case in the wrong place.

Full Text of Rule 2.223

Text sizeJump to: (A) (B) (C)

(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) Order for Change of Venue; Case Records.

(1) The transferring court must enter all necessary orders pertaining to the certification and transfer of the action to the receiving court. The court must order the plaintiff to pay the applicable statutory filing fee directly to the receiving court, unless fees have been waived in accordance with MCR 2.002. The court may also order the plaintiff to pay reasonable compensation and attorney fees to the defendant if the case was filed in the wrong court.

(2) The transferring court must serve the order on the parties and send a copy to the receiving court. The clerk of the transferring court must prepare the case records for transfer in accordance with the orders entered under subrule (1) and the Michigan Trial Court Records Management Standards and send them to the receiving court by a secure method.

(3) The receiving court must temporarily suspend payment of the filing fee and open a case pending payment of the filing fee and costs as ordered by the transferring court. The receiving court must notify the plaintiff of the new case number in the receiving court, the amount due, and the due date.

(1) The plaintiff must pay to the receiving court within 28 days of the date of the transfer order the applicable filing fee, costs, and expenses as ordered by the transferring court or the receiving court will dismiss the action. No further proceedings may be had in the action until payment has been made.

(2) If a jury fee has been paid, the clerk of the transferring court must forward it to the clerk of the receiving court as soon as possible after the case records have been transferred.

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

End

Amendment History

Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.

Plain-English Summary

Once venue turns out to be improper, a change of venue is mandatory: the court must order it on a defendant's timely motion, or may order it on its own initiative after giving the parties notice and a chance to be heard. Either way, the case can only move to a county where venue would have been proper. As with a discretionary transfer for convenience, the transferring court enters the necessary orders on a state-approved form, serves the parties, and sends the case records to the receiving court, which temporarily suspends the filing-fee requirement while it processes the new case.

Because the case landed in the wrong court to begin with, the rule adds a consequence: the court can order the plaintiff to pay the receiving court's filing fee directly, and can also require the plaintiff to cover the defendant's reasonable compensation and attorney fees for having to defend in the wrong place. The plaintiff generally has 28 days from the transfer order to pay the receiving court's fees and costs, or that court dismisses the action; any jury fee already paid is forwarded along with the case.

Frequently Asked Questions

What happens if I file my lawsuit in the wrong county?

The court must transfer it to a county where venue would have been proper, either because the defendant asked for it or because the court raised the issue on its own initiative.

Who pays for filing in the wrong court?

The plaintiff generally pays the new court's filing fee, and the court can also require the plaintiff to cover the defendant's reasonable expenses and attorney fees for having to defend the case in the wrong place.

What's the deadline to pay the new court's fee after a transfer?

Within 28 days of the transfer order, or the receiving court will dismiss the action.

Source & verification. The rule text is reproduced verbatim from the official Michigan Court Rules (MCR 2.223). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source

Also known as: improper venue Michiganmandatory change of venue Michiganwrong court filing fee Michigan