Change of venue; procedure

Uniform District Court Act

Section: 306

Jurisdiction: NY

Bluebook Citation: Uniform District Court Act § 306

§ 306. Change of venue; procedure.\n The bringing of an action or proceeding in the wrong district in the\ncounty shall not be deemed a jurisdictional defect, but the court may of\nits own motion, and must on the motion of a party defendant, transfer\nthe action or proceeding to a proper district in the county. The motion\nby the defendant for such relief must be made in writing and on notice\nand must be filed with the clerk before or at joinder of issue. It must\nspecify the district in the county to which the defendant desires the\naction or proceeding to be transferred and must state under oath facts\nshowing that ground exists for such transfer. In the absence of timely\nmotion by the defendant, he shall be deemed to have waived any objection\nrelating to proper venue.\n

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