75-1-303 - Venue -- Multiple proceedings -- Transfer -- Orders and hearings.
75-1-303. Venue -- Multiple proceedings -- Transfer -- Orders and hearings.
(1) Where a proceeding under this code could be maintained in more than one place in thisstate, the court in which the proceeding is first commenced has the exclusive right to proceed.
(2) If proceedings concerning the same estate, protected person, ward, or trust arecommenced in more than one court of this state, the court in which the proceeding was firstcommenced shall continue to hear the matter, and the other courts shall hold the matter inabeyance until the question of venue is decided; and if the ruling court determines that venue isproperly in another court, it shall transfer the proceeding to the other court.
(3) If a court finds that in the interest of justice a proceeding or a file should be located inanother court of this state, the court making the finding may transfer the proceeding or file to theother court.
(4) The judge of the court in which any proceeding under this code is pending may makeany order relating to the proceeding in chambers at any place in his district, and the order shallhave the same force and effect as if made by the court sitting in the proper county. The hearing ofany matter requiring notice shall be had at the time and place appointed or at the time to whichthe same may be postponed, except that where there is no contest or where all the parties consent,the hearing may be had at any place within the judicial district in which the matter is pending.
Enacted by Chapter 150, 1975 General Session