TITLE NINE — GENERAL PROVISIONS
Rule 55.1. Venue
Where Actions May Be Initiated. An action shall be brought only in the county of the State of Ridgeway where the action accrued, or where the property in litigation is located, as provided by 7 R. Stat. § 131.001.
Defendants Not Residing in the State. Actions against a defendant who does not bear residency of the State of Ridgeway shall be filed in the same manner specified in 7 R. Stat. § 131.001, as provided by 7 R. Stat. § 131.002.
Actions Against Corporations. Actions against domestic corporations shall be brought in the county of the State of Ridgeway where the action accrued. Actions against foreign corporations doing business in this state shall be brought in the county where the action accrued or the county where the foreign corporation has agents or other representatives, as provided by 7 R. Stat. § 131.003.
Venue Pleaded; Not Recorded by the System. The Superior Court of the State of Ridgeway is a single court sitting throughout the state, and all summons, subpoenas, and other process in civil actions run throughout the state, as provided by 7 R. Stat. § 131.101. Venue determines the county in which the action is laid and the Sheriff to whom process is directed; it does not determine which court hears the action. The electronic filing system records no county. The complaint shall therefore state the county in which the action is laid and the facts that make venue proper there, and every subsequent pleading shall state the same county in its caption.
Objection to Venue. An objection that venue is improper is made by motion under Rule 12(1)(b) or in the responsive pleading. An objection not so made is waived. The court may raise the propriety of venue on its own initiative at any time before trial.
Transfer.
Improper Venue. Where an action is laid in a county in which 7 R. Stat. §§ 131.001 through 131.003 do not permit it to be brought, the court shall not dismiss the action if a proper county exists. The court shall instead order the action transferred to a proper county. The order shall state the county to which the action is transferred and the reason.
Convenience; Interest of Justice. Where more than one county is proper, the court may, on motion of a party or on its own initiative after notice, transfer the action to another proper county for the convenience of parties and witnesses or in the interest of justice. The court shall consider the location of the events giving rise to the claim, the location of the property in litigation, the residence of the parties and witnesses, and the county whose Sheriff can most readily execute process.
Effect of Transfer. A transfer under this rule is effected by an order amending the county in which the action is laid. No new case is opened, no new case number issues, and no filing already accepted is affected. The Clerk shall enter the order upon the docket, and the caption of every subsequent paper shall state the county to which the action was transferred.
Law Applied. A transfer changes neither the law governing the action nor the date of its commencement.
No Dismissal Where Transfer Will Serve. An action shall not be dismissed for improper venue where a transfer under subdivision (6) will cure the defect. Where no county is proper, the court shall dismiss without prejudice.
Venue in Enforcement Proceedings. A petition under Rule 50, 50.1, or 50.2 is brought in the action in which the judgment was rendered, whatever the county in which the judgment debtor is found. The writ of execution is addressed to the Sheriff of the county in which the issuing judge sits, as Rule 50(4)(b) and 7 R. Stat. § 132.119(a) require.