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Senate panel OKs bill allowing district courts to change venue, adds savings clause and court rulemaking authority
Summary
The Senate Judiciary Committee advanced Senate File 79 to allow district courts to transfer cases for improper venue and preserve original filing dates; the committee adopted an amendment giving the Supreme Court rulemaking authority for the new procedure.
Senate File 79, a two-page bill to allow district courts to transfer civil cases filed in the wrong venue and preserve the plaintiff's original filing date, was advanced by the Senate Judiciary Committee after debate and an amendment.
The legislation would permit a district court, on its own motion or on request of a party, to order a change of venue and include a savings clause so that the original filing date applies if a case is transferred. "What this says is if you happen to file in the wrong in the wrong venue and the court orders it to be changed or transferred ... your original filing date is the filing date for the cause of action," said Senator Barry Grego, who presented the bill.
Former Senator Nicholas described problems that have arisen under current…
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