RULE 37.1 CHANGE IN LOCATION OF A HEARING,
PROCEEDING, OR TRIAL; CHANGE OF VENUE
(a) Change in Location of a Hearing, Proceeding, or Trial.
(1) The court may change the location of a hearing, proceeding, or trial to a different county within a judicial district if:
(A) that county's seat is less than ten miles from the seat of the county of venue;
(B) there are not appropriate facilities available in the county of venue; or
(C) considering such factors as the parties and witnesses' convenience and judicial efficiency, the administration of justice is better served.
(2) If the location of a hearing, proceeding, or trial is changed, the parties shall continue to file with the clerk of court for the county of venue, and the judge originally assigned shall continue to preside over the action. 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.
(b) Change of Venue.
(1) The court may change the venue of an action or proceeding to another county within or outside a 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) If venue is changed, the file must be transferred to the new county of venue and any additional papers must be filed in the new county of venue. If venue is changed to a county in a different judicial district, a new judge must be assigned to the action. In the case of a jury trial, the jury panel must be composed of residents of the new county of venue or residents of the judicial district as provided by N.D.C.C. § 27-09.1-05.1.
Rule 37.1 was adopted, effective ___________________________________.
Under subdivision (a), the location of a hearing, proceeding, or trial is changed without a complete change in venue. Under subdivision (b), venue is changed and the file transferred to a new county of venue. The rule incorporates and supersedes the statutory provisions governing 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SUPERSEDED: N.D.C.C. §§ 28-04-05.1, 28-04-07, 28-04-08, 28-04-09, and 28-04-10.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).