As amended through December 3, 2024
Rule 314 - Change of Venue(a) Generally. On its own motion, a party's motion, or by joint motion of all the parties, the court may transfer the venue of a dependency, termination, or Title 8 guardianship proceeding to a different county.(b) Factors. The court must consider the following factors before ordering a change of venue: (1) whether it would serve the convenience of the parties and witnesses;(2) whether it would preserve the orderly administration of the case;(3) the position of the parties; and(4) any other factor that promotes the interests of justice.(c) Procedure in the Sending County.(1) The court in the sending county must set a hearing before ordering a change of venue. The parties must attend the hearing.(2) Before the hearing, the court in the sending county must contact the court in the receiving county and obtain a date, time, and location for the first court proceeding in the receiving county. Both counties must informally confirm that the first court proceeding in the receiving county is conditioned on the sending court ordering a change of venue.(3) If, at a hearing, the sending court orders a change of venue, it must on the record advise the parents of the next court date and time, the courthouse location in the receiving county, and the consequences of failing to appear for the next court date. The courtroom clerk must ensure that the date and time of the next hearing, as well as the courthouse address, are included in the sending court's minute entry, and must provide a copy of the minute entry to the presiding juvenile judge in the receiving county.(4) No later than 10 days after entry of an order changing venue, the court clerk in the sending county must forward a certified copy of the legal file, together with a transmittal letter, to the court clerk in the receiving county. Upon receipt, the transmittal letter must be signed by court clerk in the receiving county and returned to the court clerk in the sending county.(5) If the sending court denies a change of venue, it must within 10 days request the court in the receiving county to vacate the conditional hearing date.(d) Procedure in the Receiving County.(1) Upon receipt of an order changing venue, the receiving county must assign the matter a new case number.(2) Upon receipt of the order and when necessary, the court in the receiving county must appoint new counsel. New counsel must appear in the new case number as counsel of record pursuant to Rule 304. The receiving court must endorse the parties' former counsel on its order or minute entry appointing new counsel.(3) If the receiving court appoints new counsel, counsel in the sending county must withdraw as provided in Rule 304. Counsel in the sending county must share all files, other communications, and client contact information with new counsel in the receiving county no later than 14 days after receipt of the notice of appointment of new counsel. This sharing of information does not waive the attorney-client privilege or confidentiality claims.(e) Request Pending Hearing. If an initial, adjudication, or publication hearing is pending in the sending county when a party moves to transfer venue, the court may: (1) deny the motion to transfer venue without prejudice;(2) defer action on the request pending a conclusion of the initial, adjudication, or publication hearing; or(3) grant the motion effective on a specified date after the initial, adjudication, or publication hearing.Adopted Dec. 8, 2021, effective 7/1/2022.