Ark. Code Ann. § 16-60-201 (2020)
Motion — Notice
-
- 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.
- 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.
- 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.
- 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.
- 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.
- A change of venue shall not be granted in an action under § 16-60-104(1) or § 16-60-104(2).
-
-
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:
- Pulaski County;
- 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
- If no plaintiff is a resident of Arkansas, any county in the state of Arkansas.
- 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.
-
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:
History. 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; Acts 2017, No. 967, § 2.
Amendments. The 2017 amendment added (d) and (e); and made stylistic changes.
Case Notes
Abuse of Discretion.
The action of the trial court in refusing to grant a change of venue will not be disturbed on appeal unless a clear abuse of discretion is shown. Van Camp v. State, 125 Ark. 532, 189 S.W. 173, 1916 Ark. LEXIS 202 (1916).
A trial court has the discretion to refuse a petition for a change of venue where the plaintiff alleges that he could not obtain a fair and impartial trial in the county, but does not allege any fact upon which his opinion was based. Pierce v. Sicard, 176 Ark. 511, 3 S.W.2d 337 (1928).
Denial of a change of venue in suit was not an abuse of discretion, though two-thirds of the county were interested. Desha v. Independence County Bridge Dist., 176 Ark. 253, 3 S.W.2d 969 (1928).
Fact that absence of affidavit in support of motion was not objected to at trial did not prevent Supreme Court from considering such absence in determining whether trial court abused its discretion in denying motion. Arkansas State Hwy. Comm'n v. Leavell, 246 Ark. 1049, 441 S.W.2d 99 (1969).
Refusal to grant motion for change of venue based on other than statutory grounds was not an abuse of discretion of trial court. Arkansas State Hwy. Comm'n v. Heirs of Ring, 247 Ark. 170, 444 S.W.2d 705 (1969).
Although defendant filed a verified motion for a change of venue, where motion was not supported by additional affidavits as required by this section there was not an abuse of discretion when the trial court refused the motion, even though other party failed to object to the sufficiency of the motion. Arkansas State Hwy. Comm'n v. Geeslin, 247 Ark. 537, 446 S.W.2d 245 (1969).
Appeal.
A case on appeal may be changed by complying with this section. Hurley v. Bevens, 57 Ark. 547, 22 S.W. 172 (1893).
Joinder.
All defendants must join in asking for a change of venue. Klein v. German Nat'l Bank, 69 Ark. 140, 61 S.W. 572 (1901).
Place of Transfer.
Venue of civil action may be changed to county outside the circuit. Palatin Ins. Co. v. Evans, 63 Ark. 241, 37 S.W. 1046 (1896).
Support of Petition.
On an application for a change of venue, in order for an affiant to qualify as a credible person, he must be cognizant of the prejudice existing throughout the entire county and it is not sufficient for him to show a knowledge of the popular sentiment in three or four localities of the county. Hedden v. State, 179 Ark. 1079, 20 S.W.2d 119 (1929).
No matter how credible one affiant may be, a petition for change of venue supported by the affidavit of only one person is properly overruled for noncompliance with this section requiring the affidavit of two credible persons. Arkansas State Hwy. Comm'n v. Duff, 246 Ark. 922, 440 S.W.2d 563 (1969).
The requirements of this section that a motion for change of venue be supported by two affidavits cannot be waived. Arkansas State Hwy. Comm'n v. Leavell, 246 Ark. 1049, 441 S.W.2d 99 (1969).
Where State Highway Commission failed to follow the mandatory procedure set out in this section in petitioning for change of venue in eminent domain case, motion for change of venue was properly denied. Arkansas State Hwy. Comm'n v. Coffman, 247 Ark. 302, 445 S.W.2d 92 (1969).