N.D.R.Civ.P.
VI. TRIALS
RULE 37.1 CHANGE IN LOCATION OF PROCEEDING, HEARING, OR TRIAL
(a) Change in Location of Proceeding or Hearing.
(1) The court may change the location of a hearing or proceeding to a location outside the county of venue for the convenience of the parties or witnesses.
(2) 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 [16.10 kilometers] apart; or
(B) to another county if there is not an available courtroom or if there is a lack of courtroom space 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.
EXPLANATORY NOTE
Rule 37.1 was adopted, effective ___________________________________.
Under subdivision (a) and (b), the location of a proceeding, hearing, 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 with a different judge presiding. 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 ______________________________.
STATUTES AFFECTED:
SUPERSEDED: N.D.C.C. §§ 28-04-05.1, 28-04-07, 28-04-08, 28-04-09, and 28-04-10.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).