Chapter 47 Florida Statutes
Venue

§47.011 FS | WHERE ACTIONS MAY BE BEGUN

Actions shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located. This section shall not apply to actions against nonresidents.

Footnotes

(Note. — Former s. 46.01.)

§47.021 FS | ACTIONS AGAINST DEFENDANTS RESIDING IN DIFFERENT COUNTIES

Actions against two or more defendants residing in different counties may be brought in any county in which any defendant resides.

Footnotes

(Note. — Former s. 46.02.)

§47.051 FS | ACTIONS AGAINST CORPORATIONS

Actions against domestic corporations shall be brought only in the county where such corporation has, or usually keeps, an office for transaction of its customary business, where the cause of action accrued, or where the property in litigation is located. Actions against foreign corporations doing business in this state shall be brought in a county where such corporation has an agent or other representative, where the cause of action accrued, or where the property in litigation is located.

Footnotes

(Note. — Former s. 46.04.)

§47.081 FS | MILITARY, NAVAL, OR OTHER SERVICE AS RESIDENCE

Any person in any branch of the Armed Forces of the United States, and the husband or the wife of any such person, if he or she is living within the borders of the state, shall be prima facie a resident of the state for the purpose of maintaining any action.

Footnotes

(Note. — Former s. 46.12.)

§47.091 FS | CHANGE OF VENUE; POWER TO GRANT

All courts have power and it is their duty to grant changes of venue as hereinafter provided. The order of transfer shall require the movant or, if the action was initially filed in the improper venue, the initially filing party to pay the filing fee required to file a new action in the court to which the action is moved. The payment of such filing fee shall be considered a transfer fee.

Footnotes

(Note. — Former s. 53.01.)

§47.101 FS | CHANGE OF VENUE; APPLICATION

(1) If a party desires a change of venue he or she may move therefor stating the belief that he or she will not receive a fair trial in the court where the action is pending:

(a) Because the adverse party has an undue influence over the minds of the inhabitants of the county.

(b) Because movant is so odious to the inhabitants of the county that he or she could not receive a fair trial.

(2) Such motion shall be verified and filed not less than 10 days after the action is at issue unless good cause is shown for failure to so file. It shall set forth the facts on which the motion is based and be supported by affidavits of at least two reputable citizens of the county not of kin to the defendant or his or her attorney.

Footnotes

(Note. — Former s. 53.03.)

§47.111 FS | CHANGE OF VENUE; DENIAL OF MOTION

The adverse party has the right to deny the allegations of the motion. The court shall hear the evidence on the motion.

Footnotes

(Note. — Former s. 53.04.)

§47.121 FS | CHANGE OF VENUE; WHEN UNABLE TO OBTAIN JURY

A change of venue shall be granted when it appears impracticable to obtain a qualified jury in the county where the action is pending.

Footnotes

(Note. — Former s. 53.05.)

§47.122 FS | CHANGE OF VENUE; CONVENIENCE OF PARTIES OR WITNESSES OR IN THE INTEREST OF JUSTICE

For the convenience of the parties or witnesses or in the interest of justice, any court of record may transfer any civil action to any other court of record in which it might have been brought.

§47.131 FS | CHANGE OF VENUE; SECOND CHANGE, WHEN PERMITTED

When it appears to the court to which an action has been transferred by a change of venue that any of the grounds for change of venue exist in the county to which the action has been transferred, the court may order a second change of venue, but it shall not be made to the county from which it was originally transferred.

Footnotes

(Note. — Former s. 53.06.)

§47.141 FS | CHANGE OF VENUE; SAME JURISDICTION

The order granting change of venue shall transfer the action to a court of the same jurisdiction in another county. If the judge of such court is disqualified, some other court shall be selected.

Footnotes

(Note. — Former s. 53.07.)

§47.151 FS | CHANGE OF VENUE; TO ANOTHER COUNTY OF CIRCUIT

If a change of venue is granted on grounds other than the disqualification or prejudice of a judge of the circuit court, the action may be removed to any other county in the same circuit.

Footnotes

(Note. — Former s. 53.08.)

§47.172 FS | CHANGE OF VENUE; TRANSFER OF PAPERS, ETC.

On a change of venue the clerk of the court in which such action was pending shall transmit all papers filed in said action, a certified copy of all entries of record in the progress docket and a copy of the order of transfer to the court to which the action is transferred, which court has full power to hear and determine the action.

Footnotes

(Note. — Former s. 53.10.)

§47.181 FS | CHANGE OF VENUE; TESTIMONY OF WITNESSES

After a change of venue, testimony of witnesses residing in the county from which the action is removed may be taken in the manner provided for taking testimony of witnesses residing out of the county in which any action is pending.

Footnotes

(Note. — Former s. 53.11.)

§47.191 FS | CHANGE OF VENUE; PAYMENT OF COSTS

No change of venue shall be granted except on condition that the movant, unless otherwise provided by the order of transfer, shall pay all costs that have accrued in the action including the required transfer fee. No change is effective until the costs are paid.

Footnotes

(Note. — Former s. 53.12.)