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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.
(History.—s. 7, Nov. 21, 1829; s. 1, ch. 3721, 1887; RS 998; GS 1383; RGS 2579; CGL 4219; s. 24, ch. 57-1; s. 12, ch. 63-572; s. 6, ch. 65-1; s. 3, ch. 67-254; s. 11, ch. 73-334.) (Note.—Former s. 46.01.)
Actions against two or more defendants residing in different counties
may be brought in any county in which any defendant resides.
(History.—s. 10, Nov. 23, 1828; RS 999; GS 1384; RGS 2580; CGL 4220; s. 3, ch. 67-254; s. 11, ch. 73-334.) (Note.—Former s. 46.02.)
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.
(History.—s. 24, ch. 1639, 1869; RS 1001; s. 1, ch. 5221, 1903; GS 1386; RGS 2582; CGL 4222; s. 3, ch. 67-254; s. 11, ch. 73-334.) (Note.—Former s. 46.04.)
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
(History.—s. 1, ch. 21966, 1943; s. 3, ch. 67-254; s. 3, ch. 84-114.) (Note.—Former s. 46.12.)
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
(History.—s. 1, ch. 373, 1851; RS 1077; GS 1469; RGS 2668; CGL 4335; s. 3, ch. 67-254; s. 1, ch. 89-84.) (Note.—Former s. 53.01.)
(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
(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.
(History.—s. 37, Nov. 23, 1828; RS 1079; GS 1471; s. 10, ch. 7838; s. 2, ch. 7852, 1919; RGS 2670; CGL 4337; s. 3, ch. 67-254; s. 11, ch. 73-334; s. 267, ch. 95-147.) (Note.—Former s. 53.03.)
The adverse party has the right to deny the
allegations of the motion. The court shall hear the
evidence on the motion.
(History.—s. 1, ch. 5372, 1905; GS 1474; s. 3, ch. 7852, 1919; RGS 2673; CGL 4340; s. 3, ch. 67-254.) (Note.—Former s. 53.04.)
A change of venue shall be granted when it appears
impracticable to obtain a qualified jury in the county where the action is pending.
(History.—s. 1, ch. 4137, 1893; GS 1472; RGS 2671; CGL 4338; s. 3, ch. 67-254.) (Note.—Former s. 53.05.)
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.
(History.—s. 1, ch. 69-83.)
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.
(History.—s. 2, ch. 4394, 1895; GS 1473; RGS 2672; CGL 4339; s. 3, ch. 67-254; s. 11, ch. 73-334.) (Note.—Former s. 53.06.)
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.
(History.—RS 1077; s. 1, ch. 4724, 1899; GS 1475; RGS 2675; CGL 4342; s. 12, ch. 17171, 1935; s. 3, ch. 67-254; s. 11, ch. 73-334.) (Note.—Former s. 53.07.)
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.
(History.—s. 1, ch. 4394, 1895; GS 1476; RGS 2676; CGL 4343; s. 3, ch. 67-254.) (Note.—Former s. 53.08.)
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
transfer to the court to which the action is transferred, which court has full power to hear and determine the action.
(History.—s. 3, ch. 373, 1851; RS 1077; GS 1479; RGS 2679; CGL 4346; s. 3, ch. 67-254.) (Note.—Former s. 53.10.)
After a change of venue,
witnesses residing in the county from which the
removed may be taken in the manner provided for taking testimony
of witnesses residing out of the county in which any action is pending.
(History.—s. 2, ch. 373, 1851; RS 1077; GS 1480; RGS 2680; CGL 4347; s. 3, ch. 67-254.) (Note.—Former s. 53.11.)
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.
(History.—s. 3, ch. 373, 1851; RS 1077; GS 1478; RGS 2678; CGL 4345; s. 3, ch. 67-254; s. 2, ch. 89-84.) (Note.—Former s. 53.12.)