Printable Format60-609. Change of venue. (a) Upon the motion of a party, a district court may transfer any civil action to any county where it might have been brought upon a finding that a transfer would better serve the convenience of the parties and witnesses and the interests of justice.
(b) In any action in the district court which is commenced pursuant to chapter 60 of the Kansas Statutes Annotated and in which it shall be made to appear that a fair and impartial trial cannot be had in the county where the action is pending, for reasons other than the disqualification of the judge, the court, upon application of either party, may change the place of trial to some county where the objection does not exist.
(c) When all parties who are not in default agree and the agreement is approved by the court of original venue and the supreme court, a civil action may be transferred to any county.
History: L. 1963, ch. 303, 60-609; L. 1976, ch. 251, § 17; L. 1983, ch. 197, § 1; L. 1995, ch. 174, § 2; July 1.
Source or prior law:
G.S. 1868, ch. 80, § 56; L. 1870, ch. 87, § 2; L. 1897, ch. 108, § 1; L. 1901, ch. 277, § 1; L. 1909, ch. 182, § 57; R.S. 1923, 60-511.
Cross References to Related Sections:
Change of judge upon application of party, see 20-311d through 20-311g.
Code of civil procedure for limited actions, see 61-3407.
Law Review and Bar Journal References:
"Collateral Challenges to Criminal Convictions," Keith G. Meyer and Larry W. Yackle, 21 K.L.R. 259, 316 (1973).
"Recent Development in Kansas Civil Procedure," E. Elinor P. Schroeder, 32 K.L.R. 515, 527 (1984).
Attorney General's Opinions:
County attorney; representation in alcoholism treatment petitions; change of venue; costs. 88-28.
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-511 and the 1961 Supp. thereto.
1. Motion for change of venue treated as motion for disqualification; denial upheld. Flannery v. Flannery, 203 Kan. 239, 241, 452 P.2d 846.
2. No abuse of discretion by trial judge in allowing transfer of venue. Fredricks v. Foltz, 221 Kan. 28, 33, 557 P.2d 1252.
3. Allowance of refusal of change of venue rests largely within discretion of trial court. U.S.D. No. 490 v. Celotex Corp., 6 Kan. App. 2d 346, 361, 629 P.2d 196 (1981).
4. District court without authority to transfer action upon application of doctrine of forum non conveniens; dismissal of action is proper procedure. Quillin v. Hesston Corp., 230 Kan. 591, 594, 640 P.2d 1195 (1982).
5. Upon declining jurisdiction under forum non conveniens doctrine, trial court may dismiss or transfer case; transfer preferred. Dollision v. Osborne County, 241 Kan. 374, 379, 737 P.2d 43 (1987).
6. Mere allegation that one cannot get a fair trial insufficient to support a change of venue. Plummer Development, Inc. v. Prairie State Bank, 248 Kan. 664, 671, 809 P.2d 1216 (1991).
7. Trial court did not abuse discretion by transferring venue to county where injury causing death occurred. Schmidt v. Shearer, 26 Kan. App. 2d 760, 771, 995 P.2d 381 (1999).