W.R.C.P. 12.1

(a) Change of Venue. — The district court may order a change of venue of a

civil action by its own motion or upon motion of the parties.

(1) Motion of the Parties. —

(A) A motion to change venue must be made within 30 days of service of

the complaint on the last party to be served.

(B) Upon filing a motion to change venue, an opposing party may file a

response to the motion no later than 20 days after the motion is filed.

(C) If the court determines the action was filed in an improper venue,

the court shall order a change of venue to a district court where venue is

proper.

(2) Motion of the Court. —

(A) The presiding court may, upon the court’s own motion, order a

change of venue to a district court where venue is proper if the court

determines the action was filed in an improper venue.

(B) Prior to ordering a change of venue, the court shall provide notice to

the parties.

(C) Any objection to the proposed change of venue must be filed within

20 days of receiving notice.

(D) If an objection is timely filed, the court will resolve the matter with

or without a hearing.

(3) When a change of venue is ordered, the court shall serve the order on

all parties and provide a copy to the receiving court.

(A) The court shall order the plaintiff(s) to pay the filing fees required to

refile the case in the proper court within 20 days of issuance of the order.

(B) If plaintiff(s) fails to timely pay the filing fee as ordered, the court

shall dismiss the case without prejudice.

(b) Transfer of the Record. —

(1) The plaintiff shall file a Notice of Change of Venue with the court

where the action is to be transferred, along with the requisite filing fee.

(2) No action shall be taken to transfer the record until the filing fee has

been paid by the plaintiff(s) to the clerk of district court where the action is

to be transferred.

(3) Upon receiving the filing fee, the clerk of district court where the

action is to be transferred shall promptly notify the clerk of district court

where the action originated of the payment. Upon notice, the clerk of district

court where the action originated shall prepare and transmit the record to

the clerk of district court where the action has been transferred.

(4) If a jury fee has been paid prior to the time the order changing venue

is issued, the clerk of the district court where the action originated shall

forward the jury fee to the clerk of the court where the action has been

transferred at the same time the record is transmitted.

(5) Upon receiving the record, the clerk of district court shall notify the

judge that the record has been appropriately transferred.