What are the rules and procedures for a change of venue?
A change of venue in Idaho civil procedure happens when a case needs to be heard in a different jurisdiction. This could be due to factors like a conflict of interest, cost, or convenience. When a civil case is brought to a court, Idaho generally has a rule that it should be heard in the county where the dispute took place. However, the court may grant a change in venue. In the case of a conflict of interest, a change of venue can occur immediately upon request. When a change of venue is requested, a hearing is held to determine if the move is necessary. The court will consider factors like the complexity of the case, how much time and money it would take to transport witnesses or evidence to another state, etc. If the court decides that a change of venue would be best, it will make an order to move the case to the appropriate jurisdiction. The court also has the power to assign an attorney to assist with relocation of the case. The plaintiff and the defendant must comply with this order. Once the order is issued, all parties must submit all remaining documents, such as pleadings, briefs, and motions, to the new court in a timely manner. Then, the litigation will continue from the new jurisdiction and proceed through discovery, pre-trial conferences, and a possible trial.
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