12-404

12-404. Action brought in wrong county;
jurisdiction; application for transfer; hearing

A. If an action is not brought in the proper county, the court shall nevertheless
have jurisdiction and may hear and determine the action unless the defendant, before
expiration of the time allowed to answer, files with the clerk of the court in which the
action is brought an affidavit of the defendant, his agent or attorney, stating that the
county in which the action is brought is not the proper county and stating the county of
the defendant's residence, and praying that the action be transferred to the proper
county.

B. A copy of the affidavit shall be served upon plaintiff, and unless the affidavit
is controverted under oath, within five days after service, the court shall order the
action transferred to the proper county.

C. If the affidavit is controverted, the court shall hear the issue thus presented
and shall order the action retained in the court in which it is brought, or transferred
to the proper county.