Motion for Change of Venue in South Dakota

“A plaintiff's choice of where to file suit is conclusive absent a venue transfer request by the defendant.” (Lance v. Black Hills Dialysis, LLC, 871 N.W.2d 639, 647 [S.D. 2015] citing Putnam Ranches, Inc., infra, 271 N.W.2d at 859; see also SDCL 15–5–10 [stating that a trial may be held in an improper county if defendant fails to request a change].) “While it is correct that either party may move for a change in venue, the burden is on the party that wants a change in venue to show why venue is improper. (Lance v. Black Hills Dialysis, LLC, 871 N.W.2d 639, 647 [S.D. 2015] citing Olson v. City of Sioux Falls, 63 S.D. 563, 262 N.W. 85, 87–88 [illustrating that either party may move for a change in venue]; Estes v. Lonbaken, 2011 S.D. 52, ¶ 14, 803 N.W.2d 609, 612 [“Accordingly, the party raising the issue has the burden of proving improper venue.”])

Filing a Motion for Change of Venue

“A change of venue may be granted by a court when, among other reasons, ‘there is reason to believe that an impartial trial cannot be had therein[.]’” (Bland v. Davison County, 566 N.W.2d 452, 455 [S.D. 1997] quoting SDCL 15-5-11(2).)

“Generally, a motion for change of venue must be accompanied by affidavits or other evidence in the record.” (Freeman v. Leapley, 519 N.W.2d 615, 618 [S.D. 1994] quoting State v. Weatherford, 416 N.W.2d 47, 52 [S.D. 1987].)

Judicial Discretion in Granting Motions for Change of Venue

“The matter of granting or refusing an application for change of venue, made upon the ground of convenience of witnessess, lies very largely within the sound judicial discretion of the court to whom it is addressed. The action of the court thereon will not be reversed upon appeal unless a clear abuse of such discretion appears.” (Nedved v. Nedved, 59 S.D. 161, 162 [S.D. 1931][internal citations omitted].)

Venue and Causes of Actions Involving Property

“In South Dakota, statutes govern venue. ‘Actions for conversion of personal property, or for the recovery of damages to persons or property, may at the option of the plaintiff be brought and tried in the county where the damages were inflicted or the cause of action arose.’” (Lance v. Black Hills Dialysis, LLC, 871 N.W.2d 639, 645 [S.D. 2015] quoting SDCL 15–5–8.) “Our statutes also mandate that an action will be tried in the county where the plaintiff files suit, even if the county is improper, if the defendant does not timely request a change of venue.” (Id., citing SDCL 15–5–10.) “We have held that ‘[v]enue in the courts of this state is entirely statutory. In the absence of statutory grounds for a change, the initial choice of a plaintiff is conclusive.’” (Lance v. Black Hills Dialysis, LLC, 871 N.W.2d 639, 645 [S.D. 2015] quoting Putnam Ranches, Inc. v. O'Neill Prod. Credit Ass'n, 271 N.W.2d 856, 859 [S.D.1978].)