12-407

12-407. Order for change of venue; transmittal
of papers; payment of fees and costs; effect of failure to
pay

A. If a change of venue is ordered, the court shall transfer the action to the most
convenient adjoining county, unless the parties agree to some other county in which case
the court shall transfer the action to the agreed upon county.

B. The clerk shall promptly transmit the papers and transcript of the proceedings
in the action to the clerk of the court to which the venue is changed. Except as
provided in subsection E of this section, the party applying for the change of venue
shall pay a transmittal fee established pursuant to section 12-284 within twenty days
after the order directing the change. If payment is not timely made, the application for
change of venue and the order for change of venue shall be deemed abandoned. If the
change is abandoned, the action shall proceed as if the order for change of venue had not
been made.

C. On payment by the party applying for a change of venue of the fee required on
the filing of a complaint, the clerk of the court to which the action is transferred
shall docket the action in its order. The action shall be tried or otherwise disposed of
as if it had originated in that court.

D. Except as provided in subsection E of this section, failure to pay the fee as
required in subsection C of this section within thirty days from the date the new court
receives the file shall be deemed an abandonment. The clerk of the court to which the
action was transferred shall promptly transmit all papers to the court in which the
action originated, and the action shall be disposed of as if no change of venue had been
granted.

E. If a change of venue is ordered pursuant to section 12-404, the plaintiff shall
pay the transmittal fee established pursuant to section 12-284 within twenty days after
the order directing the change and, within thirty days from the date the new court
receives the file, the plaintiff shall pay to the clerk of the court to which the action
is transferred the fee required on the filing of a complaint as provided in subsection C
of this section. If the plaintiff fails to timely pay either the transmittal fee or the
filing fee in the county to which the action is transferred, the court shall dismiss the
case without prejudice.