W.R.C.P.Ch.C. 40.1

(a) Transfer of Trial.

(1) Time. Any party may move to transfer trial within 15 days after the

last pleading is filed.

(2) Transfer. The chancery court shall transfer the action to another

county for trial if the chancery court is satisfied that the convenience of

witnesses would be promoted thereby.

(3) Hearing. All parties shall have an opportunity to be heard at the

hearing on the motion and any party may urge objections to any county.

(4) Transfer. If the motion is granted the chancery court shall order that

the action be transferred to the most convenient county to which the

objections of the parties do not apply or are the least applicable, whether or

not such county is specified in the motion.

(5) Additional Motions to Transfer. After the first motion has been ruled

upon, no party may move for transfer without permission of the chancery

court.

(6) Upon Transfer. When a transfer is ordered the action shall continue in

the county to which it is transferred as though it had been originally filed

therein.

(7) The presiding judge may at any time upon the judge’s own motion

order a transfer of trial when it appears that the ends of justice would be

promoted thereby.

(b) Change of Judge.

(1) Peremptory Disqualification. Not Applicable.

(2) Disqualification for Cause.

(A) Grounds. Whenever the grounds for such motion become known,

any party may move for a change of chancery judge on the ground that the

presiding judge

(i) has been engaged as counsel in the action prior to being appointed

as judge,

(ii) is interested in the action,

(iii) is related by consanguinity to a party,

(iv) is a material witness in the action, or

(v) is biased or prejudiced against the party or the party’s counsel.

(B) Motion, Affidavits and Counter-Affidavits. The motion shall be

supported by an affidavit or affidavits of any person or persons, stating

sufficient facts to show the existence of such grounds. Prior to a hearing on

the motion any party may file counteraffidavits.

(C) Hearing. The motion shall be heard by the presiding judge, or at the

discretion of the presiding judge by another judge. If the motion is granted,

the presiding judge shall immediately call in another judge to try the

action.

(3) Effect of Ruling. A ruling on a motion for a change of chancery judge

shall not be an appealable order, but the ruling shall be entered on the

docket and made a part of the record and may be assigned as error in an

appeal of the case.

(4) Motion by Judge. The presiding judge may at any time on the judge’s

own motion order a change of judge when it appears that the ends of justice

would be promoted thereby.

(c) District Court Removal.

(1) Upon Removal. When removal to district court is ordered under Rule

3(a):

(A) The clerk of the chancery court shall transmit, through the electronic filing system, to the clerk of the district court to which the action

has been transferred all records electronically filed in an action.

(B) The objecting party shall be assessed a docket fee through the

chancery court’s electronic filing system.

(C) The action shall continue in the district court to which it is

transferred as though it had been filed initially therein.