Any party by contradictory motion may obtain a change of venue upon proof that he cannot obtain a fair and impartial trial because of the undue influence of an adverse party, prejudice existing in the public mind, or some other sufficient cause. If the motion is granted, the action shall be transferred to a parish wherein no party is domiciled.
Art. 122.Change of Proper Venue
Title I. Courts · Chapter 2. Venue · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 122 lets a party get venue changed, by contradictory motion, on proof that undue influence, public prejudice, or another sufficient cause would prevent a fair and impartial trial, sending the case to a parish where no party is domiciled.
Full Text of Art. 122
Plain-English Summary
Article 122 addresses a different problem than an ordinary venue mistake: a case filed in a technically proper parish that, for practical reasons, cannot give a party a fair shake. Any party may move for a change of venue on a contradictory motion — one filed and heard with notice to the opposing side, who has the chance to contest it, rather than a request decided without the other party present.
The moving party must prove one of several grounds: undue influence of an adverse party in that community, prejudice existing in the public mind against that party, or some other sufficient cause that would prevent a fair and impartial trial. These grounds focus on the local environment surrounding the case rather than on any defect in how venue was originally established.
If the motion succeeds, the case does not move to a parish convenient for the moving party alone. Article 122 requires transfer to a parish where no party is domiciled, ensuring the new venue is neutral ground rather than trading one party's home-field advantage for the other's.
Frequently Asked Questions
What is a contradictory motion?
A motion filed and heard with notice to the opposing party, who has the opportunity to appear and contest it, as opposed to a request decided without the other side present.
What has to be proven to get a change of venue under Article 122?
That the moving party cannot obtain a fair and impartial trial because of undue influence of an adverse party, prejudice existing in the public mind, or some other sufficient cause.
Where does the case go if the motion for change of venue is granted?
To a parish where no party to the case is domiciled, so the new venue is neutral rather than favoring either side.
Is this the same thing as forum non conveniens?
No. Article 122 addresses a fair-trial problem in an otherwise proper venue, while forum non conveniens under Article 123 addresses convenience and the interest of justice, including transfers based on where the parties and witnesses are located.
Source & verification. Article text is reproduced verbatim from
the vLex (Louisiana Code of Civil Procedure, 2026 Edition). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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