TITLE 5

PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD

CHAPTER 4

PLACE OF TRIAL OF CIVIL ACTIONS

5-408.  Transmission of papers — Costs of filing papers anew — Jurisdiction in new venue — Payment of county expenses. (1) When an order is made transferring an action or proceeding for trial, the clerk of the court must transmit the pleadings and papers therein to the clerk of the court to which it is transferred. Any fee therefor as provided by law shall be paid by the party at whose instance the order was made. The court to which an action or proceeding is transferred has and exercises over the same like jurisdiction as if it had been originally commenced therein.

(2)  When an action is transferred from a county because there is reason to believe that an impartial trial cannot be had therein, or that the convenience of witnesses and the ends of justice would be promoted by the transfer, the costs and expenses accruing upon such removal and trial are a charge against the county from which the action was removed. The clerk of the court in the county to which the action is removed must certify the amount of said expenses to the auditor of the proper county, which must be allowed and paid as other county charges.

History:

[(5-408) C.C.P. 1881, sec. 212; R.S., R.C., & C.L., sec. 4127; C.S., sec. 6668; am. 1925, ch. 125, sec. 1, p. 171; I.C.A., sec. 5-408; am. 1969, ch. 114, sec. 2, p. 371; am. 1993, ch. 83, sec. 1, p. 213.]