(1) The parties to any civil action in a Circuit Court may, by consent, have an order in
or out of court for its removal to any other Circuit Court.
(2) A party to any civil action triable by a jury in a Circuit Court may have a change of
venue when it appears that, because of the undue influence of his or her adversary
or the odium that attends the party applying or his or her cause of action or defense,
or because of the circumstances or nature of the case he or she cannot have a fair
and impartial trial in the county.
(3) A party to an action meeting the definition in KRS 452.005(1) shall have a change
of venue upon application to the court.
Effective: April 12, 2024
History: Amended 2024 Ky. Acts ch. 189, sec. 1, effective April 12, 2024. -- Amended
1966 Ky. Acts ch. 229, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 1094.
Notes of Decisions
Seymour Charter Buslines, Inc. v. Hopper, 111 S.W.3d 387 (Ky. 2003).
· cites it 2× “Although KRS 452.010(2) provides that a change of venue may be had because of the "odium" attending a party's "cause of action," that refers to a counterclaim or cross-claim pursuant to CR 13.”
Beaven v. McAnulty, 980 S.W.2d 284 (Ky. 1998).
· cites it 2× “See KRS 452.010(2). Thus, for the transfer to be valid, the authority had to come from the common law doctrine of forum non conveniens.”
Cabinet for Health & Fam. Servs. v. J.T.G., 301 S.W.3d 35 (Ky. Ct. App. 2009).
· cites it 2× “Although the Jefferson Family Court order does not specifically state so, it appears that the transfer to the Scott County Family Court was pursuant to KRS 452.010. Section (1) of that statute states that "[t]he parties to any civil action in a Circuit Court may, by consent,…”
Blankenship v. Watson, 672 S.W.2d 941 (Ky. Ct. App. 1984).
· cites it 3× “The order granting the change simply provided, “because it would provide a more convenient forum for the parties, the witnesses and the attorneys Venue is purely a legislative matter and the Legislature has very plainly and succinctly spoken by enacting KRS 452.010. Appellees’…”
Miller v. Watts, 436 S.W.2d 515 (Ky. Ct. App. 1969).
“” KRS 452.010(2), as it existed when the application for venue change was made, provided: “A party to any civil action triable by a jury in a circuit court may have a *518 change of venue when it appears that, because of the undue influence of his adversary or the odium that…”
Wisdom v. Wilson, 450 S.W.2d 824 (Ky. Ct. App. 1970).
· cites it 2× “Appellee calls our attention to KRS 452.010 which authorizes a change of venue and argues that the appellant made the wrong motion.”
Patsy Ann Higgins v. Dr. William Barnes (Ky. Ct. App. 2022).
“KRS 452.010(2) provides that, A party to any civil action triable by a jury in a Circuit Court may have a change of venue when it appears that, because of the undue influence of his adversary or the odium that attends the party applying or his cause of action or defense, or…”
Brandon Fitzgerald v. Jaron Shafer (Ky. Ct. App. 2024).
“However, KRS 452.010 clarifies that the available grounds to seek a change of venue under this chapter are the consent of the parties or upon a party’s claim that they cannot have a fair and impartial civil jury trial in the county to which the case is assigned.”
— Ky. Rev. Stat. § 452.010(1) — 1 case
— Ky. Rev. Stat. § 452.010(2) — 7 cases
Seymour Charter Buslines, Inc. v. Hopper, 111 S.W.3d 387 (Ky. 2003).
“Although KRS 452.010(2) provides that a change of venue may be had because of the "odium" attending a party's "cause of action," that refers to a counterclaim or cross-claim pursuant to CR 13.”
Beaven v. McAnulty, 980 S.W.2d 284 (Ky. 1998).
“See KRS 452.010(2). Thus, for the transfer to be valid, the authority had to come from the common law doctrine of forum non conveniens.”
Miller v. Watts, 436 S.W.2d 515 (Ky. Ct. App. 1969).
“” KRS 452.010(2), as it existed when the application for venue change was made, provided: “A party to any civil action triable by a jury in a circuit court may have a *518 change of venue when it appears that, because of the undue influence of his adversary or the odium that…”
Blankenship v. Watson, 672 S.W.2d 941 (Ky. Ct. App. 1984).
“The order granting the change simply provided, “because it would provide a more convenient forum for the parties, the witnesses and the attorneys Venue is purely a legislative matter and the Legislature has very plainly and succinctly spoken by enacting KRS 452.010. Appellees’…”
Patsy Ann Higgins v. Dr. William Barnes (Ky. Ct. App. 2022).
“KRS 452.010(2) provides that, A party to any civil action triable by a jury in a Circuit Court may have a change of venue when it appears that, because of the undue influence of his adversary or the odium that attends the party applying or his cause of action or defense, or…”
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