Rule 51.03.Change of Venue from Inhabitants as Matter of Right in Counties of Seventy-five Thousand or Less Inhabitants--Procedure.

Rule 51.03 recognizes that in smaller counties, a party may worry about the reach of local relationships and reputation even without any provable bias. Instead of forcing that party to prove prejudice, the rule grants a change of venue as of right in counties with 75,000 or fewer inhabitants, so long as the application is filed on time. The applicant need not allege or prove any cause, the application need not be verified, and any party may sign it.

Timing is central to the rule. In an ordinary civil action the application must be filed no later than ten days after the answer is due. Two categories get their own clock: in condemnation cases, the ten-day period runs from when exceptions to the commissioner’s report are filed, and in actions where no answer is required, it runs from ten days after the return date of the summons or order to show cause.

Once a timely application is filed, the court has no discretion to deny it. The court must order the case transferred to another county convenient to the parties, but first it must give every party a chance to suggest where the case should go. A copy of the application, along with notice of when it will be presented to the court, must be served on all parties so no one is transferred without warning.