Arpino v. Edwards

NRAP 3A(b)(6) allows for an appeal from a district court order granting or denying a motion to change venue. "If a demand for a change of venue is filed in a timely manner, and no defendants reside in the county in which the action is filed, and that county is not otherwise a proper venue, then removal is mandatory." Washoe Cnty. v. Wildeveld, 103 Nev. 380, 382, 741 P.2d 810, 811 (1987); see also W. Pac. KR. Co. v. Krom, 102 Nev. 40, 42-43, 714 P.2d 182, 184 (1986). Because respondents moved for a change of venue under NRS 13.040, which requires an action to be tried in the county in which defendant resides, appellant bore the burden of proving that the action was commenced within the proper venue. Wildeveld, 103 Nev. at 382, 741 P.2d at 811. Respondents provided affidavits showing that they are both residents of Washoe County, and appellant provided no substantive opposition to respondents' motion. Appellant therefore failed to meet his burden to show that his action was properly commenced in the First Judicial District Court, and we ORDER the judgment of the district court AFFIRMED. 'di

J. Eaitta

Pielk04 1 , J. Pickering

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cc: Hon. Brent T. Adams, District Judge Hon. James E. Wilson, District Judge John Francis Arpino Washoe County District Attorney/Civil Division Washoe District Court Clerk Carson City Clerk

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