Rule 1.802.Limitations
Division VIII: Change of Venue · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.802
Plain-English Summary
Rule 1.801 opens the door to a change of venue; Rule 1.802 closes off ways parties might otherwise stretch that door too wide. A change is off the table in a small-claims appeal, and it is unavailable under the county-prejudice ground of Rule 1.801(3) in a case tried to the court alone, unless the claim is specifically about prejudice of the judge.
Timing limits matter too. A change generally cannot be sought until the issues are made up — meaning the pleadings have framed what is in dispute — unless the objection targets the judge. And once a continuance has been granted, a later venue motion is barred except for a cause that arose after the continuance, or one the movant did not know about beforehand.
The rule also caps repeat requests. After one change has already occurred, a party cannot get a second one for a cause that existed and was known, or could have been discovered with reasonable diligence, at the time of that first change. No matter how many valid grounds arise, no party gets more than two changes of venue in a single case.
Frequently Asked Questions
Can I get a change of venue in a small claims appeal?
No. Rule 1.802(1) excludes a change of venue in an appeal from a small claims case.
Can I move for a change of venue based on county prejudice in a bench trial?
Generally no. Rule 1.802(2) bars a change under Rule 1.801(3) in a case where the issues are triable to the court alone, unless the claim is specifically about prejudice of the judge rather than of the county's inhabitants.
How many changes of venue can one party get in the same case?
Rule 1.802(5) caps it at two changes total for any party, and even within that cap, a second change is barred for a cause that existed and was known or discoverable with reasonable diligence at the time of the first change.
Does getting a continuance affect my ability to later move for a change of venue?
Yes. Rule 1.802(4) bars a venue change after a continuance except for a cause arising after that continuance, or one not known to the movant before it.
When during the case can I file a change-of-venue motion?
Rule 1.802(3) generally requires the issues to be made up first — meaning the pleadings have to have framed the dispute — before a change can be sought, unless the objection is directed at the judge.