RULE 37.1 CHANGE IN LOCATION OR VENUE OF A HEARING,
PROCEEDING, OR TRIAL
(a) Change in Location of Hearing or Proceeding.
(1) The court may change the location of a hearing or proceeding to a location outside the county of venue if, considering such factors as the parties and witnesses' convenience and judicial efficiency, the administration of justice is better served.
(2) The court may change the location of a hearing or proceeding to an adjoining county if the county seats are less than ten miles apart.
(3) The parties shall continue to file any paper in the action or proceeding with the clerk of court for the county of venue.
(b) Change in Location of Trial.
(1) The court may change the location of a trial within a judicial district as follows:
(A) to an adjoining county if the county seats are less than ten miles apart; or
(B) to another county if there are not appropriate facilities available in the county of venue.
(2) The parties shall continue to file any paper in the action or proceeding with the clerk of court for the county of venue.
(3) In the case of a jury trial, the jury panel must be composed of residents of the original county of venue or residents of the judicial district as provided by N.D.C.C. § 27-09.1-05.1.
(c) Change of Venue.
(1) The court may change the venue of an action or proceeding to another county within or outside the judicial district if:
(A) the county designated in the complaint is not the proper county of venue;
(B) there is reason to believe an impartial trial cannot be obtained in the county of venue;
(C) the convenience of witnesses and the ends of justice will be promoted by the change; or
(D) there appears to be an insufficient number of jury cases for trial in the county of venue to warrant the expense of summoning a jury panel.
(2) The file must be transferred to the new county of venue and any additional papers must be filed in the new county of venue.
Rule 37.1 was adopted, effective ___________________________________.
Under subdivision (a) and (b), the location of a hearing, proceeding, or trial is changed without a complete change in venue. Under subdivision (c), venue is changed and the file transferred to a new county of venue. The rule does not authorize a change of venue for the convenience of the court. The rule incorporates and supersedes statutory provisions regarding venue.
SOURCES: Joint Procedure Committee Minutes of ______________________________.
SUPERSEDED: N.D.C.C. §§ 28-04-05.1, 28-04-07, 28-04-08, 28-04-09, and 28-04-10.
CONSIDERED: N.D.C.C. §§ 27-05-22 (District judges to act only within their districts-Exceptions); 27-05-26 (Change of venue).