(A) The court may change the place of trial if:
(1) it is a court in a county designated for that purpose in the complaint, but the designated county is not the proper county pursuant to the provisions of Chapter 7 of Title 15 of the 1976 Code or other statutes providing for the venue of actions;
(2) there is reason to believe that a fair and impartial trial cannot be had there; or
(3) the convenience of witnesses and the ends of justice would be promoted by the change.
(B) When the place of trial is changed, all other proceedings must be in the county to which the place of trial is changed, unless otherwise provided by the consent of the parties in writing duly filed or by order of the court. The pleadings and other papers must be filed or transferred accordingly.
HISTORY: 1962 Code Section 10-310; 1952 Code Section 10-310; 1942 Code Sections 35, 426; 1932 Code Sections 35, 426; Civ. P. '22 Sections 34, 382; Civ. P. '12 Section 176; Civ. P. '02 Section 147; Civ. C. '12 Section 3832; Civ. C. '02 Section 2735; G. S. 2114; R. S. 2246; 1870 (14) 339, 453 Section 149; 1879 (17) 14; 1896 (22) 12; 1905 (24) 845; 2005 Act No. 27, Section 4, eff July 1, 2005, applicable to causes of action arising on or after that date.
Effect of Amendment
The 2005 amendment designated subsections (A) and (B); rewrote subsection (A)(1); in subsection (B) in the second sentence substituted "The pleadings and other papers must" for "And the papers shall"; and made language changes throughout.
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