Chapter 3 - § 3.5 VENUE AND TRANSFER

• Jurisdiction: Colorado

§ 3.5 Venue and Transfer

If counsel for a defendant believes that the plaintiff filed its complaint in the wrong court, or if the defendant prefers another court, the defendant may want to move to change venue before answering the complaint. C.R.C.P. 98 governs venue (place of trial) requirements in Colorado. In tort cases, venue is generally proper: (1) in the county where any defendant resides when the lawsuit is commenced; (2) in the county where the plaintiff resides if the defendant is served with process in that county; or (3) where the tort was committed.⁵³ In a contract case, the case can also be brought in the county where the contract was to be performed.⁵⁴ All cases involving real property, franchises, or utilities must be brought in the county where the property, franchise, or utility is located.⁵⁵ If a defendant is not a resident of Colorado, a case against that defendant can be brought in any county in which the defendant can be found, or in the county designated in the complaint.⁵⁶ The Federal and Colorado Fair Debt Collection Acts have specific venue provisions that should be consulted prior to initiation of a consumer collection case.⁵⁷

A defendant may have strategic reasons for moving to change venue. For example, a party may believe that a certain county is a better or worse place to obtain justice because of:

• A difference in the configuration of the jury pool.
• The perception that one community has a more defendant-friendly or plaintiff-friendly attitude than another community.
• A community's history of giving higher or lower jury verdict awards.
• A backlogged or more expedient docket.
• The reputation of the plaintiff or defendant in the community.
• The particular procedural or substantive inclination of a judge likely to be assigned to a case.

Sometimes unfavorable pretrial publicity has caused the jury pool to become biased against a defendant, making a change of venue necessary to obtain a fair trial for the defendant. Changes of venue for these reasons are more common in criminal cases than in civil cases, but some civil cases may involve similar types of considerations in which pretrial prejudice has caused the defendant to be at a disadvantage even before the trial begins.

A court can grant a motion to change venue: (1) if the case was brought in an improper venue; or (2) "when the convenience of witnesses and the ends of justice would be promoted by the change."⁵⁸ Venue can also be changed to any other county in the...