In all cases in which it is made to appear to the court that a fair and impartial trial cannot be had in the county where the suit is pending, the court may, on application of either party, change the place of trial to some county where such objections do not exist.
§ 140.Change of Venue
Chapter 5: Venue · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 140 lets a court move a case to another county when it appears the parties can't get a fair and impartial trial where the suit is pending.
Full Text of § 140
Amendment History
R.L. 1910, § 4680.
Plain-English Summary
If it appears to the court that the county where a suit is pending can't give the parties a fair and impartial trial, the court may, on either party's application, move the trial to a county where those objections don't exist. The word “may” makes this discretionary, not automatic.
Section 140.1 sets out what happens administratively once a court orders that kind of transfer, and § 140.3 lists the factors courts weigh under the related forum non conveniens doctrine.
Frequently Asked Questions
On what ground can a court change venue under this section?
That a fair and impartial trial cannot be had in the county where the suit is pending.
Who can ask for a change of venue?
Either party, by application to the court.
Is the court required to grant a change of venue?
No, the text says the court “may” change venue; it's discretionary, not automatic.
What happens once venue is changed?
Section 140.1 sets out the mechanics for transferring the case file and fees to the new county.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: Oklahoma change of venue statutefair and impartial trial venue Oklahoma12 O.S. § 140moving a case to another county Oklahoma