Alaska Statutes
Alaska Stat. § 22.10.040 (2026)
Change of venue
✓ current as of July 2026
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Sec. 22.10.040. Change of venue.
The superior court in which the action is pending may change the place of trial in an action from one place to another place in the same judicial district or to a designated place in another judicial district for any of the following reasons:
(1) when there is reason to believe that an impartial trial cannot be had;
(2) when the convenience of witnesses and the ends of justice would be promoted by the change;
(3) when for any cause the judge is disqualified from acting, but if the judge of another judicial district is assigned to try the action, no change of place of trial need be made;
(4) if the court finds that the defendant will be put to unnecessary expense and inconvenience, and if the court finds that the expense and inconvenience were intentionally caused, the court may assess costs against the plaintiff.
The superior court in which the action is pending may change the place of trial in an action from one place to another place in the same judicial district or to a designated place in another judicial district for any of the following reasons:
(1) when there is reason to believe that an impartial trial cannot be had;
(2) when the convenience of witnesses and the ends of justice would be promoted by the change;
(3) when for any cause the judge is disqualified from acting, but if the judge of another judicial district is assigned to try the action, no change of place of trial need be made;
(4) if the court finds that the defendant will be put to unnecessary expense and inconvenience, and if the court finds that the expense and inconvenience were intentionally caused, the court may assess costs against the plaintiff.
Notes of Decisions
Cited in 28
cases (1 in the last 5 years), 1965–2021 · leading case: Brooks Range Petroleum Corp. v. Shearer, 425 P.3d 65 (Alaska 2018).
Brooks Range Petroleum Corp. v. Shearer, 425 P.3d 65 (Alaska 2018). “4 We granted BRPC's petition and asked the parties to address the following issues: (1) Where did the claim arise for the alleged tort of misrepresentation? (2) Where did the claim arise for the alleged breach of contract? (3) Should we adopt the doctrine of ancillary (or…”
Burnett v. New York Cent. R.R., 380 U.S. 424 (1965). “17; Idaho Code 1947, § 5-406; Smith-Hurd's Ill. Ann. Stat. 1956, c. 110, § 10; Burns' Ind.”
Iverson v. Griffith, 180 P.3d 943 (Alaska 2008). “" Under AS 22.10.040, the superior court has the power to "change the place of trial in an action .”
Mallott v. State, 608 P.2d 737 (Alaska 1980). “" [17] Voir dire *747 cannot necessarily be relied upon to compel jurors to admit either their exposure or their prejudice, particularly when the jurors themselves are unaware of such prejudice.”
Chase v. State, 678 P.2d 1347 (Alaska Ct. App. 1984). “CHANGE OF VENUE MOTIONS Chase made several motions for a change of venue based upon AS 22.10.040(1) which allows the court to change venue "when there is reason to believe that an impartial trial cannot be had.”
Wilson v. City of Kotzebue, 627 P.2d 623 (Alaska 1981). “Before the trial commenced, Kotzebue moved for a change of venue, pursuant to AS 22.10.040, from the Second Judicial District to the Third or Fourth Judicial Districts.”
Vanvelzor v. Vanvelzor, 219 P.3d 184 (Alaska 2009). “See AS 22.10.040. 24 . Crews, 769 P.2d at 435-36 (holding that Alaska court had jurisdiction to issue divorce to wife who left husband (who had never been to Alaska), moved to Alaska, and intended to remain, although Alaska court did not have jurisdiction over her personal…”
Delgado v. Fawcett, 515 P.2d 710 (Alaska 1973). “In order to give effect to the views expressed in all of these cases, I would find that the veto power expressed in the consent statute, AS 22.10.040, should be strictly construed to those incidents clearly spelled out in the statute.”
Wylie v. State, 797 P.2d 651 (Alaska Ct. App. 1990). “Henderson indicated that he had spoken with numerous people in the Kenai/Soldotna area who had read about the Wylie case in the local newspaper and believed that Wylie had intentionally shoved his wife out of the moving car.”
Oxereok v. State, 611 P.2d 913 (Alaska 1980). “More important perhaps was the relationship that existed between many of the perspective jurors and one or more of the parties or witnesses involved. This, together with the pretrial publicity caused considerable difficulty in the jury selection *919 process.”
Brown v. State, 601 P.2d 221 (Alaska 1979). “The defendant’s attorney moved for a change of venue, arguing that the news *229 coverage made it impossible for Brown to receive a fair trial in the Fairbanks area.”
Ebell v. Seapac Fisheries, Inc., 692 P.2d 956 (Alaska 1984). “11 Under Alaska law, arguments *959 about where a lawsuit can best be tried can be made under AS 22.10.040. 12 Focusing the parties’ attention on the statutory guidelines for changing venue will be more productive than attempting the often imponderable task of enumerating and…”
— Alaska Stat. § 22.10.040(1) — 8 cases
Mallott v. State, 608 P.2d 737 (Alaska 1980). “" [17] Voir dire *747 cannot necessarily be relied upon to compel jurors to admit either their exposure or their prejudice, particularly when the jurors themselves are unaware of such prejudice.”
Chase v. State, 678 P.2d 1347 (Alaska Ct. App. 1984). “CHANGE OF VENUE MOTIONS Chase made several motions for a change of venue based upon AS 22.10.040(1) which allows the court to change venue "when there is reason to believe that an impartial trial cannot be had.”
Brooks Range Petroleum Corp. v. Shearer, 425 P.3d 65 (Alaska 2018). “4 We granted BRPC's petition and asked the parties to address the following issues: (1) Where did the claim arise for the alleged tort of misrepresentation? (2) Where did the claim arise for the alleged breach of contract? (3) Should we adopt the doctrine of ancillary (or…”
Oxereok v. State, 611 P.2d 913 (Alaska 1980). “More important perhaps was the relationship that existed between many of the perspective jurors and one or more of the parties or witnesses involved. This, together with the pretrial publicity caused considerable difficulty in the jury selection *919 process.”
Brown v. State, 601 P.2d 221 (Alaska 1979). “The defendant’s attorney moved for a change of venue, arguing that the news *229 coverage made it impossible for Brown to receive a fair trial in the Fairbanks area.”
— Alaska Stat. § 22.10.040(2) — 1 case
Brooks Range Petroleum Corp. v. Shearer, 425 P.3d 65 (Alaska 2018). “4 We granted BRPC's petition and asked the parties to address the following issues: (1) Where did the claim arise for the alleged tort of misrepresentation? (2) Where did the claim arise for the alleged breach of contract? (3) Should we adopt the doctrine of ancillary (or…”
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