§ Rule 39.1 Change in Location of a Hearing, Proceeding, or Trial; Change of Venue
Rule 39.1. 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 if:
(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.
(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.
(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; or
(C) the convenience of witnesses and the ends of justice will be promoted by the change.
(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.