RULE 39.1. CHANGE IN LOCATION OF A HEARING, PROCEEDING, OR TRIAL; CHANGE OF VENUE
Effective Date: 3/1/2020
(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 if:(2) If the location of a hearing, proceeding, or trial is changed, the parties must continue to file with the clerk of court for the county of venue, and the judge originally assigned must continue to preside over the action. If any party files an objection to the change of location no later than 14 days after the date of notification of the place of hearing, proceeding, or trial, the hearing, proceeding, or trial must be held where originally venued unless grounds exist for a change of venue under Rule 39.1(b). In a jury trial, the jury panel must be composed of residents of the original county of venue or residents of the judicial district under N.D.C.C. § 27-09.1-05.1.(A) that county's seat is less than ten miles from the seat of the county of venue;(B) there is reason to believe an impartial trial cannot be obtained in the county of venue; or(C) considering such factors as the parties' and witnesses' convenience, judicial efficiency, and availability of appropriate facilities, the administration of justice is better served.
(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:(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 under N.D.C.C. § 27-09.1-05.1.(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; or(C)the convenience of witnesses and the ends of justice will be promoted by the change.
Rule 39.1 was adopted, effective March 1, 2002 and was amended effective March 1, 2011. The explanatory note was amended effective March 1, 2020.
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 statutory provisions governing change of venue.
In deciding to move a trial or proceeding, a trial court must consider N.D. Sup. Ct. Admin. R. 6(B) and 7(B).
Paragraph (a)(1) was amended, effective March 1, 2011, to increase the time to file an objection to the change of location of a hearing, proceeding, or trial from 10 to 14 days after the date of notification.
Rule 39.1 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
SOURCES: Joint Procedure Committee Minutes of September 28, 2018, pages 8-9; April 29-30, 2010, pages 6-7; September 28-29, 2000, pages 3-7; January 27-28, 2000, pages 13-15; September 23-24, 1999, pages 15-16; September 24-25, 1998, pages 16-17.
STATUTES AFFECTED:
SUPERSEDED: N.D.C.C. §§ 28-04-07, 28-04-09, 28-04-10.
CONSIDERED: N.D.C.C. §§ 27-05-22, 27-05-23, 27-05-26, 27-09.1-05.1.
CROSS REFERENCE: N.D.R.Civ.P. 12 (Defenses and Objections; When and How; Motion for Judgment on the Pleadings; Consolidation and Waiving); N.D. Sup. Ct. Admin. R. 6 (Judicial Districts); N.D. Sup. Ct. Admin. R. 7 (Designation of Judgeships and Chambers with Assignments).