§ 511 — Change of place of trial

New York § 511

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 5: Venue

Text

Rule. 511. Change of place of trial. (a) Time for motion or demand. A\ndemand under subdivision (b) for change of place of trial on the ground\nthat the county designated for that purpose is not a proper county shall\nbe served with the answer or before the answer is served. A motion for\nchange of place of trial on any other ground shall be made within a\nreasonable time after commencement of the action.\n (b) Demand for change of place of trial upon ground of improper venue,\nwhere motion made. The defendant shall serve a written demand that the\naction be tried in a county he specifies as proper. Thereafter the\ndefendant may move to change the place of trial within fifteen days\nafter service of the demand, unless within five days after such service\nplaintiff serves a written consent to change the place of trial to that\nspecified by the defendant. Defendant may notice such motion to be heard\nas if the action were pending in the county he specified, unless\nplaintiff within five days after service of the demand serves an\naffidavit showing either that the county specified by the defendant is\nnot proper or that the county designated by him is proper.\n (c) Stay of proceedings. No order to stay proceedings for the purpose\nof changing the place of trial shall be granted unless it appears from\nthe papers that the change is sought with due diligence.\n (d) Order, subsequent proceedings and appeal. Upon filing of consent\nby the plaintiff or entry of an order changing the place of trial by the\nclerk of the county from which it is changed, the clerk shall forthwith\ndeliver to the clerk of the county to which it is changed all papers\nfiled in the action and certified copies of all minutes and entries,\nwhich shall be filed, entered or recorded, as the case requires, in the\noffice of the latter clerk. Subsequent proceedings shall be had in the\ncounty to which the change is made as if it had been designated\noriginally as the place of trial, except as otherwise directed by the\ncourt. An appeal from an order changing the place of trial shall be\ntaken in the department in which the motion for the order was heard and\ndetermined.\n