§ 7A-199. Special venue rule when district court sits without jury in seat of court lying in more than one county; where judgments recorded.
§ 7A‑199. Special venuerule when district court sits without jury in seat of court lying in more thanone county; where judgments recorded.
(a) In any nonjurycivil action or juvenile matter properly pending in the district courtdivision, regularly assigned for a hearing or trial before a district judge ata seat of the district court in a municipality the corporate limits of whichextend into two or more contiguous counties, venue is properly laid for suchtrial or hearing if by statute or common law it is properly laid in any of thecontiguous counties.
(b) In any jury civilaction regularly assigned for a hearing or trial before a district judge at aseat of the district court in a municipality the corporate limits of whichextend into two or more contiguous counties, venue is properly laid for suchjury trial if by statute or common law it is properly laid in any of thecontiguous counties; provided, however, any such action shall be instituted inthe county of proper venue, and the jurors summoned shall be from the countywhere such action was instituted. Notwithstanding the fact that the place oftrial within such municipality is in a different county from the county wheresuch action was commenced, the sheriff of the county where such action was commencedis authorized to summon the jurors to appear at such place of trial. Suchjurors shall be subject to the same challenge as other jurors, exceptchallenges for nonresidence in the county of trial.
(c) A district courtjudge sitting at a seat of court described in this section may, in criminalcases, conduct preliminary hearings and try misdemeanors arising within thecorporate limits of the municipality plus the territory embraced within adistance of one mile in all directions therefrom.
If the corporate limits of themunicipality extend into two or more counties, each of which is in a separatedistrict court district, a district court judge assigned to sit at the seat ofcourt has the same authority over criminal cases arising in the municipality andthe territory embraced within a distance of one mile in all directions that hewould have if the corporate limits of the municipality were solely located in asingle district court district. Judges assigned to sit in such a municipalityshall be assigned by the chief district court judge serving the district inwhich a majority of the voters of the municipality reside, but offenses arisingin a portion of the municipality in which a minority of the voters reside shallnot be disposed of in the municipality unless the chief district court judgefor that district consents in writing to the disposition of criminal cases inthe municipality. However, for charges brought by municipal law enforcementofficers only, if the corporate limits of the municipality extend into four ormore counties, each of which is in a separate district court district, offensesarising in a portion of the municipality in which a minority of the votersreside shall be disposed of in the portion of the municipality in which amajority of the voters reside without obtaining the consent of the chiefdistrict court judge for the district in which the offense occurred.
(d) The judgment ororder rendered in any civil action or juvenile matter heard or tried under theauthority of this section shall be recorded in the county where the action wascommenced. The judgment or finding of probable cause or other determination inany criminal action heard or tried under the authority of this section shall berecorded in the county where the offense was committed. (1967, c. 691, s. 19; 1989,c. 795, s. 23(c2); 2009‑398, s. 1.)