8.01-265 - Change of venue by court. - Virginia Statutes

§ 8.01-265. Change of venue by court.

In addition to the provisions of § 8.01-264 and notwithstanding theprovisions of §§ 8.01-195.4, 8.01-260, 8.01-261 and 8.01-262, the courtwherein an action is commenced may, upon motion by any party and for goodcause shown, (i) dismiss an action brought by a person who is not a residentof the Commonwealth without prejudice under such conditions as the courtdeems appropriate if the cause of action arose outside of the Commonwealthand if the court determines that a more convenient forum which hasjurisdiction over all parties is available in a jurisdiction other than theCommonwealth or (ii) transfer the action to any fair and convenient forumhaving jurisdiction within the Commonwealth. Such conditions as the courtdeems appropriate shall include, but not be limited to, a requirement thatthe defendant agree not to assert the statute of limitations as a defense ifthe action is brought in a more convenient forum within a time specified bythe court. The court, on motion of any party and for good cause shown, mayretain the action for trial. Except by agreement of all parties, no actionenumerated in Category A, § 8.01-261, shall be transferred to or retained bya forum not enumerated in such category. Good cause shall be deemed toinclude, but not to be limited to, the agreement of the parties or theavoidance of substantial inconvenience to the parties or the witnesses, orcomplying with the law of any other state or the United States.

The provisions of (i) of this section shall not apply to causes of actionwhich accrue under § 8.01-249(4).

(Code 1950, §§ 8-38, 8-157, 8-158; 1950, p. 78; 1954, c. 660; 1956, c. 432;1956, Ex. Sess., c. 11; 1960, c. 569; 1964, c. 502; 1968, c. 386; 1977, c.617; 1979, c. 662; 1982, c. 601; 1991, c. 530; 2007, c. 105.)