Motion for Change of Venue in Nevada

Background

“NRS 13.040 provides, in relevant part, that ‘the action shall be tried in the county in which the defendants, or any one of them, may reside at the commencement of the action.’ NRS 13.050(2) provides, in relevant part, that ‘[t]he court may, on motion, change the place of trial in the following cases: (a) When the county designated in the complaint is not the proper county.’”

(Alcantar-Vera v. McDermott, No. 73190, at *1 [Nev. App. Feb. 14, 2018] noting that ““NRS 13.050 was amended effective October 1, 2017. See 2017 Nev. Stat., ch. 64, § 1, at 253-54.”; see Alcantar-Vera id., at *2 n.1.)

General Information for Complaints and Motions

“When a defendant brings a timely demand for change of venue under NRS 13.050(1), and the district court determines the county in the complaint is not proper, the district court must grant the motion to change venue.” (Waite v. Zaniel, No. 77607-COA, at *1 [Nev. App. June 24, 2019] citing Kenning Car Rental, Inc. v. Desert Rent-A-Car (1989) 105 Nev. 118, 120.)

“A demand for change of venue must be made ‘before the time for answering expires.’” NRS 13.050(1).” (Randono v. Ballow (1984) 100 Nev. 142, 143.)

“A party seeking a transfer has the burden to make prima facie proof that venue is maintainable in the county to which transfer is sought.” (Mountain View Recreation, Inc. v. Imperial Commercial Cooking Equip. Co. (2013) 305 P.3d 881, 887 [internal citation omitted].)

Standard of Review and Burdens of Proof

“Motions to change venue are reveiwed for an abuse of discretion.” (See, e.g., Whipple v. Whipple, No. 82994-COA, at *1 [Nev. App. Sep. 22, 2022].)

Note that “a motion for change of venue pursuant to NRS 13.040, based on the defendant's residence, does not permit an exercise of discretion by the district court.” (Halama v. Halama (1981) 97 Nev. 628, 629.)

The Court’s Decision

“When a change of venue motion is based on adverse pretrial publicity, the district court's discretion under NRS 13.050(2) to change venue includes the authority to conduct a more probing evaluation of the prospective jury panel before the district court decides whether there is reason to believe that an impartial trial cannot be had in the judicial district.” (Sicor Inc. v. Sacks (2011) 266 P.3d 618, 619 [concluding that “a district court's decision to defer a final ruling on a motion to change venue until after such efforts have been attempted should not be treated as a denial of the motion.”])

Administrative Proceedings

For cases concerning Industrial Insurance: Administrative Proceedings and Enforcement code, Nev. Admin. Code § 616D.048 states:

1. A party who wishes to transfer a hearing to or from Carson City or Las Vegas must submit a written motion for a change of venue to the Administrator at least 10 days before the scheduled hearing. The motion must be accompanied by an affidavit from the moving party which sets forth whether or not any other party to the proceeding opposes the motion. The moving party must serve a copy of the motion on all other parties to the proceeding.
2. A motion for a change of venue must be administered pursuant to NAC 616D.046.

(Nev. Admin. Code § 616D.048.)