Rule 3. Commencement of action. A civil action is begun by filing a complaint with the justice or city court. A concise written statement of the cause of action is considered a complaint. The party filing or the party's attorney shall sign the complaint.
     A. PLACE OF TRIAL. The proper county for the trial of an action in justice or city court, subject to the right to change the place of trial, is determined as follows:
     (1) In justice court.
     (a) The trial may be held in any county of the state:
     (i) in which the defendant or any one of the defendants resides or may be found and served with summons personally;
     (ii) when the defendant is a nonresident of the state; or
     (iii) when the parties voluntarily appear and plead without summons.
     (b) Actions based on contract or other obligation. When the defendant or all of the defendants reside in a county other than that in which the right of action accrues and the action is for damages for violation of an express or implied contract or for money due on an express or implied contract, debt, note, or account, the action may be commenced and, subject to the provisions of Rule 3C, may be tried either in the county in which the contract or obligation must be performed or the money must be paid or in the county in which the defendant or any one of the defendants resides. The county in which the obligation is incurred is the county in which it is to be performed or paid unless there is a special contract to the contrary.
     (c) Actions for damages for injury to person, property, or reputation. When the defendant or all of the defendants reside in a county other than that in which the right of action accrues and the action is for damages for injury to person, property, or reputation, the action may be commenced and, subject to the provisions of Rule 3C, may be tried either in the county where the injury was committed or in the county in which the defendant or any one of the defendants resides.
     (d) Actions for taking or recovery of personal property. When the defendant or all of the defendants reside in a county other than that in which the right of action accrues and the action is for the recovery of personal property or its value or for damages for taking or detaining the personal property, the action may be commenced and, subject to the provisions of Rule 3C, may be tried in the county in which all or any part of the property is found, in which all or any part of the property was taken, or in which the defendant or any one of the defendants resides.
     (e) Actions for forcible entry or unlawful detainer. An action for the recovery of the possession of real property must be commenced in the county in which all or any part of the real property affected by the action is situated.
     (2) In city court.
     (a) Generally. The trial may be held in any city in the state:
     (i) in which the defendant or any one of the defendants resides or may be found and served with summons personally;
     (ii) when the defendant is a nonresident of the state; or
     (iii) when the parties voluntarily appear and plead without summons.
     (b) Actions based on contract or other obligation. When the defendant or all of the defendants reside in a city other than that in which the right of action accrues and the action is for damages for violation of an express or implied contract or for money due on an express or implied contract, debt, note, or account, the action may be commenced and, subject to the provisions of Rule 3C, may be tried either in the city in which the contract or obligation must be performed or the money must be paid or in the city in which the defendant or any one of the defendants resides. The city in which the obligation is incurred is the city in which it is to be performed or paid unless there is a special contract to the contrary.
     (c) Actions for damages for injury to person, property, or reputation. When the defendant or all of the defendants reside in a city other than that in which the right of action accrues and the action is for damages for injury to person, property, or reputation, the action may be commenced and, subject to the provisions of Rule 3C, may be tried in the city where the injury was committed or in which the defendant or any one of the defendants resides.
     (d) Actions for taking or recovery of personal property. When the defendant or all of the defendants reside in a city other than that in which the right of action accrues and the action is for the recovery of personal property or its value or for damages for taking or detaining the personal property, the action may be commenced and, subject to the provisions of Rule 3C, may be tried in the city in which all or any part of the property is found, in which all or any part of the property was taken, or in which the defendant or any one of the defendants resides.
     (e) Actions for forcible entry or unlawful detainer. An action for the recovery of the possession of real property must be commenced in the city in which all or any part of the real property affected by the action is situated.
     B. IMPROPER PLACE OF TRIAL. When the county or city in which the complaint is filed is not the proper county or city for a place of trial, the complaint must be dismissed without prejudice. Justice and city courts may have concurrent jurisdiction under these rules.
     C. CHANGE OF VENUE.
     (1) When change of venue permitted. At any time before trial, the court may move to change the place of trial when:
     (a) it appears to the satisfaction of the judge before whom the action is pending, by affidavit of either party, that the judge is a material witness for either party;
     (b) a jury has been demanded and either party makes and files an affidavit that the party cannot have a fair and impartial trial because of the bias or prejudice of the citizens of the county, town, or city;
     (c) the judge is disqualified from acting, except when supreme court rule prohibits the judge from acting to change the place of trial; or
     (d) the judge is sick or unable to act.
     (2) Content of affidavit. The affidavit referred to in Rule 3C(1) must state the facts.
     (3) Limit on number of changes. The place of trial may not be changed on motion of the same party more than once upon the grounds specified in Rule 3C(1).
     (4) When improper venue basis for appeal. If the objection that the action is brought in the wrong county or city is taken at trial and overruled, it may be the cause of a reversal on appeal and does not otherwise invalidate the judgment. If the objection is not taken at the trial, it is waived.
     (5) Where action to be transferred. When the court orders the place of trial to be changed, the action must be transferred for trial to a court mutually agreeable to the parties or, if they do not agree, to another judge's court in the same county.
     (6) Papers to be transmitted. After an order has been made transferring the action or proceeding to another court for trial and on payment by the applying party of all accrued costs, the judge ordering the transfer shall immediately transmit to the judge of the court to which the trial is transferred the pleadings and all papers in the action, together with a certified transcript from the docket of the proceedings.
     (7) Jurisdiction of transferee court. From the time the order changing the place of trial is made, the court to which the action or proceeding is transferred has the same jurisdiction over it as though it had been originally commenced in that court.
     (8) Notice of time and place of trial -- pleading. On receipt of the papers, pleadings, and transcripts, the judge of the court to which the action or proceeding is transferred shall issue a notice stating the time and place of the trial and mail the notice to the parties at least 1 day before the time fixed for trial. If the defendant has not filed an answer, the court shall allow an answer to be filed.

     History: En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990.