Rule 39.1.Change in Location of a Hearing, Proceeding, or Trial; Change of Venue
Group VI: Trials · Last amended March 1, 2020 · Last verified July 15, 2026
In one sentenceRule 39.1 lets a North Dakota court move a hearing, proceeding, or trial to a nearby county without changing venue, or grant a full change of venue to a different county, based on distance, an impartial-trial concern, convenience, or judicial efficiency.
(a)Change in location of a hearing, proceeding, or trial.
(1)The court may change the location of a hearing, proceeding, or trial to a different county if:
(A)that county's seat is less than ten miles from the seat of the county of venue;
(B)there is reason to believe an impartial trial cannot be obtained in the county of venue; or
(C)considering such factors as the parties' and witnesses' convenience, judicial efficiency, and availability of appropriate facilities, the administration of justice is better served.
(2)If the location of a hearing, proceeding, or trial is changed, the parties must continue to file with the clerk of court for the county of venue, and the judge originally assigned must continue to preside over the action. If any party files an objection to the change of location no later than 14 days after the date of notification of the place of hearing, proceeding, or trial, the hearing, proceeding, or trial must be held where originally venued unless grounds exist for a change of venue under Rule 39.1 (b). In a jury trial, the jury panel must be composed of residents of the original county of venue or residents of the judicial district under N.D.C.C.§ 27-09.1-05.1.
(1)The court may change the venue of an action or proceeding to another county within or outside a judicial district if:
(A)the county designated in the complaint is not the proper county of venue;
(B)there is reason to believe an impartial trial cannot be obtained in the county of venue; or
(C)the convenience of witnesses and the ends of justice will be promoted by the change.
(2)If venue is changed, the file must be transferred to the new county of venue and any additional papers must be filed in the new county of venue. If venue is changed to a county in a different judicial district, a new judge must be assigned to the action. In the case of a jury trial, the jury panel must be composed of residents of the new county of venue or residents of the judicial district under N.D.C.C. § 27-09.1-05.1.
Explanatory Note
Rule 39.1 was adopted, effective March 1, 2002, and was amended effective March 1, 2011. The explanatory note was amended effective March 1, 2020.
Under subdivision (a), the location of a hearing, proceeding, or trial is changed without a complete change in venue. Under subdivision (b), venue is changed and the file transferred to a new county of venue. The rule incorporates and supersedes statutory provisions governing change of venue.
In deciding to move a trial or proceeding, a trial court must consider N.D. Sup. Ct. Admin. R. 6(B) and 7(B). Paragraph (a)(1) was amended, effective March 1, 2011, to increase the time to file an objection to the change of location of a hearing, proceeding, or trial from 10 to 14 days after the date of notification. Rule 39.1 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Plain-English Summary
Rule 39.1 is a distinctly North Dakota tool with no direct federal counterpart, and it draws a sharp line between two different things: moving where a proceeding physically happens, and changing which county has venue over the case. Rule 39.1(a) covers the first. A court may relocate a hearing, proceeding, or trial to a different county if that county's seat sits less than ten miles from the seat of the county of venue, if there is reason to doubt an impartial trial can happen in the county of venue, or if factors like the parties' and witnesses' convenience, judicial efficiency, and the availability of suitable facilities show the administration of justice is better served elsewhere. Even after a location change, the case stays anchored to the original county — parties keep filing with the clerk of court for the county of venue, and the same judge keeps presiding.
That anchor comes with a check: a party can object to the location change within 14 days after being notified of where the hearing, proceeding, or trial will be held, and if it does, the proceeding returns to its original location unless the grounds for a full change of venue under Rule 39.1(b) are met. In a jury trial held at the relocated site, the jury panel must still be drawn from residents of the original county of venue, or of the judicial district, under North Dakota Century Code section 27-09.1-05.1.
Rule 39.1(b) is the real change-of-venue provision, moving the case to another county — inside or outside the current judicial district. It applies when the county named in the complaint turns out not to be the proper venue, when there is reason to doubt an impartial trial can happen there, or when the convenience of witnesses and the ends of justice favor the move. Once granted, the file itself transfers to the new county, all further filings go there, and if the new county sits in a different judicial district, a new judge takes over the case. The jury panel for a trial after a venue change is drawn from the new county or judicial district. The rule's Explanatory Note describes it as incorporating and superseding the older statutory scheme for changes of venue, and it directs a court deciding whether to move a proceeding to also take account of the North Dakota Supreme Court's own administrative rules on the subject.
Frequently Asked Questions
What is the difference between changing the location of a hearing and a change of venue under North Dakota Rule 39.1?
Under Rule 39.1(a), changing the location moves where a hearing, proceeding, or trial physically happens, but the case stays filed in, and the same judge keeps presiding over, the original county of venue. Under Rule 39.1(b), a change of venue transfers the case file itself to a new county, and a new judge takes over if that county sits in a different judicial district.
On what grounds can a North Dakota court move where a trial takes place without changing venue?
Rule 39.1(a)(1) allows relocating a hearing, proceeding, or trial if the destination county's seat is less than ten miles from the seat of the county of venue, if there is reason to doubt an impartial trial can be had in the county of venue, or if the parties' and witnesses' convenience, judicial efficiency, and facility availability show justice is better served elsewhere.
Can I object if the court decides to move my hearing to a different county?
Yes. Rule 39.1(a)(2) lets a party object no later than 14 days after being notified of the location, and if it objects, the proceeding must be held where originally venued unless the grounds for an actual change of venue under Rule 39.1(b) are met.
What are the grounds for a full change of venue in North Dakota?
Rule 39.1(b)(1) allows a change of venue if the county named in the complaint is not the proper county of venue, if there is reason to doubt an impartial trial can be had in the county of venue, or if the convenience of witnesses and the ends of justice favor the change.
If venue changes to a county in a different judicial district, does the same judge stay on the case?
No. Rule 39.1(b)(2) requires a new judge to be assigned when venue changes to a county in a different judicial district, and the case file and any further filings move to the new county of venue.
Source & verification. Rule text and the Explanatory Note are
reproduced verbatim from the North Dakota Rules of Civil Procedure, adopted by the
Supreme Court of North Dakota. Last verified July 15, 2026.
· Official source
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