They arerepresented byan attorney with
an
office
in
Wilmington and supportAmmons'motion.Ammons filedher motion pursuant toS
up
eriorCourt Civil Rule 12(b(3),arguingthat
itwould be moreconvenient
if
this action washandled
in
Wilmingtoninsteadof
in
Georgetown. Ammonspointsout
in
support ofher motionthat she and Connell residein
NewCastle County,the Delaware Campus is
in
New Castle County,the allegedincidents
of defamationoccurred
in
NewCastle County,the witnesses resideinor closeto New
Castle County,andtheattorneysinvolved
in
this casehaveoffices that arelocated
in
orclose toNewCastle County. Giventhat,asapractical matter, the discoverywillbe done
in
NewCastle County, Ammonsisseekingnotachange of venue butachange
in
thelocation
of
thetrialfromGeorgetownto Wilmington.Superior CourtCivil Rule 12(b)(3)
addressesimpropervenue. Ammons doesnotarguethatGeorgetown
is
an impropervenue forthis case.Indeed,allthreeof the Superior Courtlocationswould be a proper
venue forthiscase.Nonetheless,itis well-established thatanaction filed
in
one countymaybetried
in
another county wheretheconsideration of the equitiesinvolved indicates
that such a changeisdesirable.
1
Changing the location
of
a trial isamatter
of
judicialdiscretion.
2
The plaintiff's choice offorum
is
entitledto great weightand willnot be
disturbed unlesstherearefactorsthat stronglymi
li
tate against
it.
3
Ifthe balanceof
inconvenience borneby thepartiesisequ
al
oronly slightlyheavierforadefendant,the
1
Krue
ger
v.Cedars
Acad
e
my
,
1996WL422334(Del.Ch. April26,
19
96).
2
/d.
at
*2.
3
Goldbergv.Hersmanet.a/.,
2000 WL 33275020 (Del.Com.Pl. Jan.28, 2000).
2
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Lawrence Connell v. Linda Ammons - Court Opinion Denying Motion to Change Venue
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