SB 301: "An Act relating to granting certain defendants an absolute right to change venue in civil actions; setting venue for civil actions based on employment at the employer's principal place of business; allowing multiple defendants to control venue by agreement; amending Rule 3, Alaska Rules of Civil Procedure; and providing for an effective date."
00 SENATE BILL NO. 301 01 "An Act relating to granting certain defendants an absolute right to change venue in 02 civil actions; setting venue for civil actions based on employment at the employer's 03 principal place of business; allowing multiple defendants to control venue by agreement; 04 amending Rule 3, Alaska Rules of Civil Procedure; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 22.10.040 is amended by adding a new subsection to read: 07 (b) Notwithstanding (a) of this section, a defendant has an absolute right to 08 change the place of trial if an action is commenced against the defendant in a venue 09 district in the state other than where the defendant resides, the location of the 10 defendant's principal place of business, or the location of the defendant's main 11 corporate office in the state. The right provided under this subsection may be 12 exercised as follows: 13 (1) at the request of the defendant, the court shall order a change of the 14 location of the trial to a venue district in the state that is where the defendant resides,
01 the location of the defendant's principal place of business, or the location of the 02 defendant's main corporate office; 03 (2) in an action based on conduct in the course and scope of 04 employment, a corporation or other entity has the right to trial in the venue district of 05 the employer's principal place of business in the state; 06 (3) if more than one defendant has the right to change the location of 07 trial under this subsection, a choice of trial locations is available, and all defendants 08 agree on the choice of venue district, the court shall order that the trial be located in 09 the venue district agreed on among the defendants; however, if the defendants cannot 10 agree on a trial location, the court shall select a venue district within the state where a 11 defendant resides, that is the location of a defendant's principal place of business, or 12 that is the location of a defendant's main corporate office; 13 (4) this subsection does not preclude the court from exercising its 14 authority to change venue when it has reason to believe that an impartial trial is not 15 possible under (a)(1) of this section; 16 (5) this subsection does not apply to causes of action listed in Rules 17 3(b) and 16(g), Alaska Rules of Civil Procedure, or to a matter in which venue for the 18 proceeding is otherwise specifically provided by law; 19 (6) in this subsection, "defendant" includes a third-party defendant. 20 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 INDIRECT COURT RULE AMENDMENT. AS 22.10.040(b), added by sec. 1 of this 23 Act, has the effect of amending Rule 3(d), Alaska Rules of Civil Procedure, by modifying the 24 rule that a trial and related hearings be conducted in a venue district within the judicial district 25 that would best serve the convenience of the parties and witnesses by establishing the right of 26 a defendant to seek and obtain a venue change and setting out the power of the court relating 27 to a change of venue motion. 28 * Sec. 3. This Act takes effect January 1, 2007.