On motion, the place of trial may be changed in the following situations:
1. 801(1)County. If the county where the case would be tried is a party, the motion is by an adverse party, the issue is triable by a jury, and a jury has been demanded.1. 801(2)Interest of judge. Where the trial judge is directly interested in the action, or related by consanguinity or affinity within the fourth degree to any party.1. 801(3)Prejudice or influence. If the trial judge or the inhabitants of the county are so prejudiced against the moving party, or if an adverse party has such undue influence over the county’s inhabitants that the movant cannot obtain a fair trial. The motion in such case shall be supported by affidavit of the movant and three disinterested persons, none being the agent, servant, employee or attorney of the movant, nor related to the movant by consanguinity or affinity within the fourth degree. The other party shall have a reasonable time to file counter affidavits. Affiants may be examined pursuant to rule 1.431(6).1. 801(4)Agreement. Pursuant to written agreement of the parties.1. 801(5)Fraud in contract. A defendant, respondent, or other party, sued in a county where the party does not reside, on a written contract expressly performable in that county, who has filed a sworn answer claiming fraud in the inception of said contract as a complete defense, may have the case transferred to the county of that party’s residence. Within ten days after the transfer is ordered, the defendant, respondent, or other party must file a bond in an amount fixed by the court, with sureties approved by the clerk, for payment of all costs; and any judgment rendered against such party shall include costs in a reasonable amount fixed by the court for expenses incurred by plaintiff and plaintiff’s attorney by reason of the change.
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Iowa. R. Civ. P. 1.801
Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002.
