2005 Florida Code - CIVIL PRACTICE AND PROCEDURE VENUEChapter 47

CHAPTER 47

VENUE

47.011  Where actions may be begun.

47.021  Actions against defendants residing in different counties.

47.025  Actions against contractors.

47.031  Venue of receiverships when property in more than one circuit.

47.041  Actions on several causes of action.

47.051  Actions against corporations.

47.061  Action on promissory notes.

47.071  Jurisdiction over navigable waters.

47.081  Military, naval, or other service as residence.

47.091  Change of venue; power to grant.

47.101  Change of venue; application.

47.111  Change of venue; denial of motion.

47.121  Change of venue; when unable to obtain jury.

47.122  Change of venue; convenience of parties or witnesses or in the interest of justice.

47.131  Change of venue; second change, when permitted.

47.141  Change of venue; same jurisdiction.

47.151  Change of venue; to another county of circuit.

47.172  Change of venue; transfer of papers, etc.

47.181  Change of venue; testimony of witnesses.

47.191  Change of venue; payment of costs.

47.011  Where actions may be begun.--Actions shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located. This section shall not apply to actions against nonresidents.

History.--s. 7, Nov. 21, 1829; s. 1, ch. 3721, 1887; RS 998; GS 1383; RGS 2579; CGL 4219; s. 24, ch. 57-1; s. 12, ch. 63-572; s. 6, ch. 65-1; s. 3, ch. 67-254; s. 11, ch. 73-334.

Note.--Former s. 46.01.

47.021  Actions against defendants residing in different counties.--Actions against two or more defendants residing in different counties may be brought in any county in which any defendant resides.

History.--s. 10, Nov. 23, 1828; RS 999; GS 1384; RGS 2580; CGL 4220; s. 3, ch. 67-254; s. 11, ch. 73-334.

Note.--Former s. 46.02.

47.025  Actions against contractors.--Any venue provision in a contract for improvement to real property which requires legal action involving a resident contractor, subcontractor, sub-subcontractor, or materialman, as defined in 1part I of chapter 713, to be brought outside this state is void as a matter of public policy. To the extent that the venue provision in the contract is void under this section, any legal action arising out of that contract shall be brought only in this state in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located, unless, after the dispute arises, the parties stipulate to another venue.

History.--s. 9, ch. 99-225; s. 1, ch. 99-386.

1Note.--As created by s. 9, ch. 99-225. Section 47.025 was also created by s. 1, ch. 99-386, and that version cites to s. 713.01.

47.031  Venue of receiverships when property in more than one circuit.--When an application is made for a receiver of property and it is located in more than one judicial circuit, the court appointing the receiver has jurisdiction over the entire property for the purposes of that action but the application for the receiver must be made to the circuit court in which the principal place of business, residence or office of defendant is located.

History.--s. 1, ch. 4986, 1901; GS 1861; RGS 3106; CGL 4890; s. 3, ch. 67-254.

Note.--Former s. 62.03.

47.041  Actions on several causes of action.--Actions on several causes of action may be brought in any county where any of the causes of action arose. When two or more causes of action joined arose in different counties, venue may be laid in any of such counties, but the court may order separate trials if expedient.

History.--s. 12, ch. 1096, 1861; RS 1000, 1004; GS 1385, 1389; RGS 2581, 2585; CGL 4221, 4225; s. 3, ch. 67-254; s. 11, ch. 73-334.

Note.--Former ss. 46.03, 46.08.

47.051  Actions against corporations.--Actions against domestic corporations shall be brought only in the county where such corporation has, or usually keeps, an office for transaction of its customary business, where the cause of action accrued, or where the property in litigation is located. Actions against foreign corporations doing business in this state shall be brought in a county where such corporation has an agent or other representative, where the cause of action accrued, or where the property in litigation is located.

History.--s. 24, ch. 1639, 1869; RS 1001; s. 1, ch. 5221, 1903; GS 1386; RGS 2582; CGL 4222; s. 3, ch. 67-254; s. 11, ch. 73-334.

Note.--Former s. 46.04.

47.061  Action on promissory notes.--Actions on unsecured negotiable or nonnegotiable promissory notes shall be brought only in the county in which such notes were signed by the maker or one of the makers or in which the maker or one of the makers resides. When any such note was signed by the makers in more than one county, action may be brought thereon in any such county. This section shall be liberally construed in favor of the makers of such notes.

History.--ss. 1, 2, ch. 17134, 1935; CGL 1936 Supp. 4223(1); s. 3, ch. 67-254; s. 11, ch. 73-334.

Note.--Former s. 46.05.

47.071  Jurisdiction over navigable waters.--When the territorial jurisdiction of a court extends to one bank of any navigable water, such court has jurisdiction across such navigable water from shore to shore. If the territorial jurisdiction of different courts, whether of the same county or not, extends to the opposite bank of any navigable water, such courts have concurrent jurisdiction across said navigable water from shore to shore.

History.--RS 1002; GS 1387; RGS 2583; CGL 4223; s. 3, ch. 67-254.

Note.--Former s. 46.06.

47.081  Military, naval, or other service as residence.--Any person in any branch of the Armed Forces of the United States, and the husband or the wife of any such person, if he or she is living within the borders of the state, shall be prima facie a resident of the state for the purpose of maintaining any action.

History.--s. 1, ch. 21966, 1943; s. 3, ch. 67-254; s. 3, ch. 84-114.

Note.--Former s. 46.12.

47.091  Change of venue; power to grant.--All courts have power and it is their duty to grant changes of venue as hereinafter provided. The order of transfer shall require the movant or, if the action was initially filed in the improper venue, the initially filing party to pay the filing fee required to file a new action in the court to which the action is moved. The payment of such filing fee shall be considered a transfer fee.

History.--s. 1, ch. 373, 1851; RS 1077; GS 1469; RGS 2668; CGL 4335; s. 3, ch. 67-254; s. 1, ch. 89-84.

Note.--Former s. 53.01.

47.101  Change of venue; application.--

(1)  If a party desires a change of venue he or she may move therefor stating the belief that he or she will not receive a fair trial in the court where the action is pending:

(a)  Because the adverse party has an undue influence over the minds of the inhabitants of the county.

(b)  Because movant is so odious to the inhabitants of the county that he or she could not receive a fair trial.

(2)  Such motion shall be verified and filed not less than 10 days after the action is at issue unless good cause is shown for failure to so file. It shall set forth the facts on which the motion is based and be supported by affidavits of at least two reputable citizens of the county not of kin to the defendant or his or her attorney.

History.--s. 37, Nov. 23, 1828; RS 1079; GS 1471; s. 10, ch. 7838; s. 2, ch. 7852, 1919; RGS 2670; CGL 4337; s. 3, ch. 67-254; s. 11, ch. 73-334; s. 267, ch. 95-147.

Note.--Former s. 53.03.

47.111  Change of venue; denial of motion.--The adverse party has the right to deny the allegations of the motion. The court shall hear the evidence on the motion.

History.--s. 1, ch. 5372, 1905; GS 1474; s. 3, ch. 7852, 1919; RGS 2673; CGL 4340; s. 3, ch. 67-254.

Note.--Former s. 53.04.

47.121  Change of venue; when unable to obtain jury.--A change of venue shall be granted when it appears impracticable to obtain a qualified jury in the county where the action is pending.

History.--s. 1, ch. 4137, 1893; GS 1472; RGS 2671; CGL 4338; s. 3, ch. 67-254.

Note.--Former s. 53.05.

47.122  Change of venue; convenience of parties or witnesses or in the interest of justice.--For the convenience of the parties or witnesses or in the interest of justice, any court of record may transfer any civil action to any other court of record in which it might have been brought.

History.--s. 1, ch. 69-83.

47.131  Change of venue; second change, when permitted.--When it appears to the court to which an action has been transferred by a change of venue that any of the grounds for change of venue exist in the county to which the action has been transferred, the court may order a second change of venue, but it shall not be made to the county from which it was originally transferred.

History.--s. 2, ch. 4394, 1895; GS 1473; RGS 2672; CGL 4339; s. 3, ch. 67-254; s. 11, ch. 73-334.

Note.--Former s. 53.06.

47.141  Change of venue; same jurisdiction.--The order granting change of venue shall transfer the action to a court of the same jurisdiction in another county. If the judge of such court is disqualified, some other court shall be selected.

History.--RS 1077; s. 1, ch. 4724, 1899; GS 1475; RGS 2675; CGL 4342; s. 12, ch. 17171, 1935; s. 3, ch. 67-254; s. 11, ch. 73-334.

Note.--Former s. 53.07.

47.151  Change of venue; to another county of circuit.--If a change of venue is granted on grounds other than the disqualification or prejudice of a judge of the circuit court, the action may be removed to any other county in the same circuit.

History.--s. 1, ch. 4394, 1895; GS 1476; RGS 2676; CGL 4343; s. 3, ch. 67-254.

Note.--Former s. 53.08.

47.172  Change of venue; transfer of papers, etc.--On a change of venue the clerk of the court in which such action was pending shall transmit all papers filed in said action, a certified copy of all entries of record in the progress docket and a copy of the order of transfer to the court to which the action is transferred, which court has full power to hear and determine the action.

History.--s. 3, ch. 373, 1851; RS 1077; GS 1479; RGS 2679; CGL 4346; s. 3, ch. 67-254.

Note.--Former s. 53.10.

47.181  Change of venue; testimony of witnesses.--After a change of venue, testimony of witnesses residing in the county from which the action is removed may be taken in the manner provided for taking testimony of witnesses residing out of the county in which any action is pending.

History.--s. 2, ch. 373, 1851; RS 1077; GS 1480; RGS 2680; CGL 4347; s. 3, ch. 67-254.

Note.--Former s. 53.11.

47.191  Change of venue; payment of costs.--No change of venue shall be granted except on condition that the movant, unless otherwise provided by the order of transfer, shall pay all costs that have accrued in the action including the required transfer fee. No change is effective until the costs are paid.

History.--s. 3, ch. 373, 1851; RS 1077; GS 1478; RGS 2678; CGL 4345; s. 3, ch. 67-254; s. 2, ch. 89-84.

Note.--Former s. 53.12.

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