§ 16-60-201 — Motion - Notice

(a) (1) Any party to a civil action to be tried by a jury may obtain an order for a change of venue therein by motion upon a petition stating that he or she verily believes that he or she cannot obtain a fair and impartial trial in the action in the county in which the action is pending, on account of the undue influence of his or her adversary, or of the undue prejudice against the petitioner or his or her cause of action or defense in the county. (2) The petition shall be signed by the party and verified as pleadings are required to be verified and shall be supported by the affidavits of at least two (2) credible persons to the effect that the affiants believe the statements of the petition are true. (3) When a corporation files the petition, the petition shall be supported by the affidavits of two (2) credible persons, neither of whom is directly or indirectly connected with the corporation in any capacity whatever, and neither of whom has been promised, nor shall receive, within twelve (12) months next preceding the signing of the petition, any benefit or favor from the corporation different from those received by every other citizen of the state or which every citizen is entitled to receive as a matter of right. (b) The motion shall be made before, and the order granted by, the judge of the circuit court of the county in which the action is pending in open court or in vacation. If the motion is made at any time or place except in open court, at the calling of the case, it shall be upon reasonable notice in writing to the adverse party or his or her attorney. (c) The party may make his or her petition and the affidavit supporting the petition apply to one (1) county in addition to the one in which the action is pending. (d) A change of venue shall not be granted in an action under § 16-60-104(1) or § 16-60-104(2) . (e) (1) A defendant in a civil action under § 16-60-104(3) may obtain an order for a change of venue by motion requesting a transfer to one (1) of the following counties: (A) Pulaski County; (B) Any county in which one (1) of the plaintiffs, or in the case of a certified class action, any member of the class, resides, conducts business, or maintains a principal place of business; or (C) If no plaintiff is a resident of Arkansas, any county in the state of Arkansas. (2) The venue of the civil action shall be changed upon a showing that the proposed transferee county is a proper venue as set forth in this subsection.

Legislative History

Amended by Act 2017, No. 967,§ 2, eff. 4/5/2017. Acts 1875, No. 38, §§ 1, 2, p. 114; 1909, No. 192, § 1, p. 570; C. & M. Dig., §§ 10339, 10340; Pope's Dig., §§ 14340, 14341; A.S.A. 1947, §§ 27-701, 27-702.