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December 2010 CIVIL PROCEDURE Ch 1, p.47
Rule 1.804 Of whole case. A change may be granted on motion of one of several coparties; and the
whole cause shall then be transferred, unless separate trials are granted under rule 1.914.
[Report 1943; November 9, 2001, effective February 15, 2002]
Rule 1.805 Where tried. Unless the change is under rule 1.801(5), the court granting it shall order
the trial held in a convenient county in the judicial district, or if the ground applies to all such counties,
then in another judicial district. If the ground applies only to a judge, the court in its discretion may
refuse a change and procure another judge to try the case where it was brought, or the supreme court
may designate another judge.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.806 Costs. Unless the change is under rule 1.801(4) or 1.801(5), the order shall designate
generally all costs occasioned by the change, which movant must pay before the change is perfected.
Failure to make such payment within ten days from the order waives the change of venue.
[Report 1943; November 9, 2001, effective February 15, 2002]
Rule 1.807 Transferring cause. When a change is ordered and the required costs paid, the clerk
shall forthwith transmit to the proper court a transcript of the proceedings with any original papers
and shall retain an authenticated copy. The case shall be docketed in the second court without fee and
shall proceed.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.808 Action brought in wrong county.
1.808(1) An action brought in the wrong county may be prosecuted there until termination, unless
a defendant, before answer, moves for change to the proper county. Thereupon the court shall order
the change at plaintiff’s costs, which may include reasonable compensation for defendant’s trouble
and expense, including attorney’s fees, in attending in the wrong county.
1.808(2) If all such costs are not paid within 20 days of the transfer order, the action shall be
dismissed. Upon payment of the costs, the clerk shall forthwith transmit to the proper court the
transcript of the proceedings, with any original papers, an authenticated copy of which shall be
retained. The case shall be docketed in the second court without fee and shall proceed.
[Report 1943; November 30, 1993, effective July 1, 1994; October 31, 1997, effective January 24, 1998;
November 9, 2001, effective February 15, 2002]
Rules 1.809 to 1.900 Reserved.
DIVISION IX
TRIAL AND JUDGMENT
A. TRIALS
Rule 1.901 Trials and issues. A trial is a judicial examination of issues in an action, whether of law
or fact. Issues arise where a pleading of one party maintains a claim controverted by an adverse party.
Issues are either of law or fact. An issue of fact arises on a material allegation of fact in a pleading
which is denied in an adversary’s pleading or by operation of law. All other issues are issues of law
which must be tried first.
[Report 1943; November 9, 2001, effective February 15, 2002]
Rule 1.902 Demand for jury trial.
1.902(1) Jury trial is waived if not demanded according to this rule; but a demand once filed may
not be withdrawn without consent of all parties not in default.
1.902(2) A party desiring a jury trial of an issue must make written demand therefor not later than
ten days after the last pleading directed to that issue. A jury demand may be made in the pleading of
a party and shall be noted in the caption. If filed separately with the petition, the jury demand shall be
served with the original notice and petition. If filed after the petition, the jury demand shall be served
and filed in accordance with rule 1.442.
1.902(3) Unless limited to a specific issue, every demand shall be deemed to include all issues
triable to a jury. If a limited demand is filed, any other party may, within ten days thereafter or such
shorter time as the court may order, file a demand for a jury trial of some or all other issues.