22-303

22-303. Change of venue; limitation

A. If the action or proceeding is in a justice of the peace court, a change of the place of trial may be had no later than twenty days before the first trial date if a party requests a change of venue and either:

1. It appears from the affidavit of the defendant that he has reason to believe and does believe that he cannot have a fair and impartial trial before the justice of the peace about to try the case by reason of the prejudice or bias of such justice. If the affidavit is filed in the action, the action shall be transferred to the justice of the peace of an adjoining precinct.

2. It appears from affidavits filed in the action that the defendant cannot have a fair and impartial trial by reason of the prejudice of the citizens of the precinct. The cause shall be transferred to a justice of a precinct where the same prejudice does not exist.

B. Not more than one change of place of trial shall be allowed any defendant in any one proceeding or action.