C.R.C.P. 398 (County Court)

(a) Venue of Real Property. All actions affecting real property shall be tried in the

county in which the subject of the action, or a substantial part thereof, is situated.

(b) Venue for Recovery of Penalty, etc. Actions upon the following claims shall be

tried in the county where the claim, or some part thereof, arose:

(1) For the recovery of a penalty or forfeiture imposed by statute, except that when it

is imposed for an offense committed on a lake, river, or other stream of water, situated in

two or more counties, the action may be brought in any county bordering on such lake,

river or stream and opposite the place where the offense was committed.

(2) Against a public officer or person specially appointed to execute his duties, for an

act done by him in virtue of his office, or against a person who by his command, or in his

aid, does anything touching the duties of such officer, or for a failure to perform any act or

duty which he is by law required to perform.

(c) Venue for Tort and Contract and Other Actions. (1) Except as provided in

sections (a) and (b) and subsections (c)(2) through (5) of this Rule, an action shall be tried

in the county in which the defendants, or any of them, may reside at the commencement of

the action, or in the county where the plaintiff resides when service is made on the

defendant in such county; or if the defendant is a nonresident of this state, the same may

be tried in any county in which the defendant may be found in this state, or in the county

designated in the complaint, and if any defendant is about to depart from the state, such

action may be tried in any county where plaintiff resides, or where defendant may be found

and service had.

(2) Except as provided in subsection (3) of this section an action on book account or

for goods sold and delivered may also be tried in the county where the plaintiff resides or

where the goods were sold; an action upon contract may also be tried in the county where

the same was to be performed.

(3) (A) For the purposes of this Rule, a consumer contract is any sale, lease or loan in

which (i) the buyer, lessee or debtor is a person other than an organization; (ii) the goods

are purchased or leased, the services are obtained, or the debt is incurred, primarily for a

personal, family, or household purpose; and (iii) the initial amount due under the contract,

the total amount initially payable under the lease, or the initial principal does not exceed

twenty-five thousand dollars.

(B) An action on a consumer contract shall be tried (i) in the county in which the

contract was signed or entered into by any defendant; or (ii) in the county in which any

defendant resided at the time the contract was entered into; or (iii) in the county in which

any defendant resides at the time the action is commenced. If the defendant is a nonresident of this state, the same may be tried in any county in which the defendant may be

found in this state, or in the county designated in the complaint, and if any defendant is

about to depart from the state, such action may be tried in any county where plaintiff

resides, or where defendant may be found and service had.

(C) In any action on a consumer contract, if the plaintiff fails to state facts in the

complaint or by affidavit showing that the action has been commenced in the proper county

as described in this Rule, or if it appears from the stated facts the venue is improper, the

court may, upon its own motion or upon motion of any party, dismiss any such action

without prejudice; however, if appropriate facts appear in the record, the court shall

transfer the action to an appropriate county. Any provision or authorization in any

consumer contract purporting to waive any rights under subsection (3) of section (c) of this

Rule is void.

(D) Any debt collector covered by the provisions of the Federal ‘‘Fair Debt Collection

Practices Act’’ shall comply with the provisions of said Act set forth in 15 U.S.C. 1692(i)

concerning legal actions by debt collectors, notwithstanding any provision of this Rule.

(4) An action upon a contract for services may also be tried in the county in which the

services were to be performed.

(5) An action for tort may also be tried in the county where the tort was committed.

(d) Motion to Change Venue. (1) Except for actions under subsection (c) (3) of this

Rule, a motion for change of venue under the provisions of (a) through (c) hereof or on the

grounds that the county designated in the complaint is not the proper county shall be made

on the date fixed in the summons for appearance or answer. The motion shall be heard at

that time and if overruled or granted the answer shall be filed immediately unless the court

shall fix a different time. Unless filed as prescribed herein the right to have venue changed

on said grounds is waived.

(2) A motion for change of venue on the grounds (A) that the convenience of witnesses

and the ends of justice would be promoted by the change or (B) that a party fears that he

will not receive a fair trial in the county in which the action is pending because the adverse

party has an undue influence over the minds of the inhabitants thereof or that they are

prejudiced against him so that he cannot expect a fair trial, or (C) that the venue of the

action is improper under subsection (c) (3) of this Rule, may be made either on the date

fixed in the summons for appearance or at any time before ten days prior to the date fixed

for trial. The court may by order permit the filing of affidavits and a written counter motion

and affidavits. Unless such motions are filed as prescribed herein the right to have venue

changed on said grounds is waived.

(3) Except as otherwise provided in an order allowing a motion to change venue,

earlier ex parte and other orders affecting an action, or the parties thereto, shall remain in

effect, subject to change or modification by order of the court to which the action is

removed.

(e) Transfer Where Concurrent Jurisdiction. All actions or proceedings in which

district and county courts have concurrent jurisdiction, may, by stipulation of the parties

and order of court, be transferred by either court to such other court of the same county.

Upon transfer, the court to which such cause is removed shall have and exercise the same

jurisdiction as if originally commenced therein.

(f) Place Changed if Parties Agree. When all parties assent, or when all parties who

have entered their appearance assent and the remaining nonappearing parties are in default,

the place of trial of an action in a county court may be changed to any other county court

in the county.

(g) Parties Must Agree on Change. Where there are two or more plaintiffs or

defendants, the place of trial shall not be changed unless the motion is made by or with the

consent of all of the plaintiffs or defendants, as the case may be.

(h) Only One Change. No Waiver. In case the place of trial is changed the party

securing the same shall not be permitted to apply for another change upon the same

ground. A party does not waive his right to change of judge or place of trial if his objection

thereto is made in apt time.