(a) When the order for change of venue is obtained out of term time, the party obtaining the order shall cause the petition, notice, affidavit, and order to be delivered to the clerk of the court in which the action is pending, who shall file the order with the papers in the case.
(b) (1) In all cases where an order for a change of venue is granted, the clerk shall make and file with the papers a certified copy of all the orders in the case and, upon the payment of the transmission fees provided for in this section, shall transmit the papers in the case to the clerk of the court to which the venue is changed by any safe and convenient mode which he or she may select.
(2) The clerk shall be responsible for the transmission of the papers, for which he or she shall receive ten cents (10cent(s)) per mile to and from the clerk's office, to be paid by the party obtaining the order, and to be taxed in the costs.
(c) (1) If the above-mentioned fee is not paid or arranged with the clerk within fifteen (15) days from the granting of the order, the order shall be null and void.
(2) The judge granting the order may extend the time of making such payment, which shall be stated in the order.
(3) The adverse party, if he or she chooses, may make such payment.
Section: Previous 16-60-202 16-60-203 16-60-204 16-60-205 16-60-206 16-60-207 NextLast modified: November 15, 2016