§155. Venue

1.  Juvenile proceeding or criminal prosecution.  A juvenile proceeding or criminal prosecution, including traffic, shall be brought in the division in which the offense charged took place, but if the proceeding involves 2 or more offenses committed in different divisions, it may be brought in any one of them.

2.  Forcible entry and detainer; trustee process; attachment.  An action for forcible entry and detainer must be brought in the division in which the property involved is located. Except as otherwise provided in subsection 3-A, an action to recover personal property pursuant to Title 14, section 7071, or for replevin, may be brought either in the division where a plaintiff or defendant resides, where the underlying transaction involving the personal property was made or where any of the personal property is located, or to which the court orders the personal property to be brought or kept pursuant to Title 14, section 7071, subsection 5. An action commenced by trustee process must be brought in accordance with Title 14, chapter 501. An action involving attachment may be brought in the division where the plaintiff resides or where the defendant resides or where the property involved is located.

[PL 2009, c. 245, §1 (AMD).]

3.  Divorce, separation, annulment, support.  An action or proceeding for divorce, separation, annulment of marriage or for support may be brought in the division where either the plaintiff or the defendant resides.

[PL 1999, c. 731, Pt. ZZZ, §5 (AMD); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]

3-A.  Consumer transactions.  Notwithstanding any other provision of law, an action brought against a consumer arising from a consumer credit transaction or a rental-purchase agreement must be filed in accordance with Title 9-A, section 5-113, except that an action brought pursuant to Title 32, section 11013, subsection 3, paragraph N must be brought where provided for in that paragraph.

[PL 2009, c. 245, §2 (NEW).]

4.  Other civil actions.  Any other civil action or proceeding shall be brought in the division where any plaintiff or defendant resides, but if all defendants are nonresidents of the State, it may be brought in any division of the plaintiff's choice.

5.  Corporation.  A corporation shall be deemed a resident of any district in which it maintains a place of business.

6.  Brought in any division with consent.  Notwithstanding subsections 1 to 5, all parties, with the approval of any district judge, may consent to any action, proceeding or prosecution being brought and determined in any division.

7.  Improper venue.  If any action or proceeding, civil or criminal, is brought in the wrong division, the court, upon motion or on its own initiative, may transfer it to a proper division. Any objection to improper venue is waived unless asserted by motion to transfer the case made before the commencement of trial or, in the event of default in appearance or answer, before the entry of judgment.

8.  Transfer of any case.  The court may, upon motion or its own initiative, transfer any case to another division for the convenience of parties or witnesses or in the interest of justice.

SECTION HISTORY

PL 1999, c. 731, §ZZZ5 (AMD). PL 1999, c. 731, §ZZZ42 (AFF). PL 2009, c. 245, §§1, 2 (AMD).