ND Bar Practice Questions - North Dakota Bar Examination Exam

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A North Dakota district court action is filed in Cass County, but the events and all witnesses are in Williams County, where the defendant resides. The defendant moves to change venue. Under North Dakota venue statutes (N.D.C.C. ch. 28-04), what is the general rule for where a transitory action should be tried?

Venue is proper only in the state capital, Bismarck Venue is proper in any county the plaintiff selects, with no change permitted Venue is fixed exclusively where the plaintiff resides and cannot be changed Venue is generally proper in the county where the defendant resides, and the court may change venue for convenience

Correct Answer:

Venue is generally proper in the county where the defendant resides, and the court may change venue for convenience

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