Legislation
SECTION 511
Change of place of trial
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 5
Rule. 511. Change of place of trial. (a) Time for motion or demand. A
demand under subdivision (b) for change of place of trial on the ground
that the county designated for that purpose is not a proper county shall
be served with the answer or before the answer is served. A motion for
change of place of trial on any other ground shall be made within a
reasonable time after commencement of the action.
(b) Demand for change of place of trial upon ground of improper venue,
where motion made. The defendant shall serve a written demand that the
action be tried in a county he specifies as proper. Thereafter the
defendant may move to change the place of trial within fifteen days
after service of the demand, unless within five days after such service
plaintiff serves a written consent to change the place of trial to that
specified by the defendant. Defendant may notice such motion to be heard
as if the action were pending in the county he specified, unless
plaintiff within five days after service of the demand serves an
affidavit showing either that the county specified by the defendant is
not proper or that the county designated by him is proper.
(c) Stay of proceedings. No order to stay proceedings for the purpose
of changing the place of trial shall be granted unless it appears from
the papers that the change is sought with due diligence.
(d) Order, subsequent proceedings and appeal. Upon filing of consent
by the plaintiff or entry of an order changing the place of trial by the
clerk of the county from which it is changed, the clerk shall forthwith
deliver to the clerk of the county to which it is changed all papers
filed in the action and certified copies of all minutes and entries,
which shall be filed, entered or recorded, as the case requires, in the
office of the latter clerk. Subsequent proceedings shall be had in the
county to which the change is made as if it had been designated
originally as the place of trial, except as otherwise directed by the
court. An appeal from an order changing the place of trial shall be
taken in the department in which the motion for the order was heard and
determined.
demand under subdivision (b) for change of place of trial on the ground
that the county designated for that purpose is not a proper county shall
be served with the answer or before the answer is served. A motion for
change of place of trial on any other ground shall be made within a
reasonable time after commencement of the action.
(b) Demand for change of place of trial upon ground of improper venue,
where motion made. The defendant shall serve a written demand that the
action be tried in a county he specifies as proper. Thereafter the
defendant may move to change the place of trial within fifteen days
after service of the demand, unless within five days after such service
plaintiff serves a written consent to change the place of trial to that
specified by the defendant. Defendant may notice such motion to be heard
as if the action were pending in the county he specified, unless
plaintiff within five days after service of the demand serves an
affidavit showing either that the county specified by the defendant is
not proper or that the county designated by him is proper.
(c) Stay of proceedings. No order to stay proceedings for the purpose
of changing the place of trial shall be granted unless it appears from
the papers that the change is sought with due diligence.
(d) Order, subsequent proceedings and appeal. Upon filing of consent
by the plaintiff or entry of an order changing the place of trial by the
clerk of the county from which it is changed, the clerk shall forthwith
deliver to the clerk of the county to which it is changed all papers
filed in the action and certified copies of all minutes and entries,
which shall be filed, entered or recorded, as the case requires, in the
office of the latter clerk. Subsequent proceedings shall be had in the
county to which the change is made as if it had been designated
originally as the place of trial, except as otherwise directed by the
court. An appeal from an order changing the place of trial shall be
taken in the department in which the motion for the order was heard and
determined.