60-612. Hearing or trial outside county; nonconformity with Americans with disabilities act accessibility guidelines.

60-612

Chapter 60.--PROCEDURE, CIVIL
Article 6.--VENUE

      60-612.   Hearing or trial outside county;nonconformity with Americans with disabilities act accessibilityguidelines.(a) Without changing venue, a judge may conduct any hearing or nonjurytrial in anycounty agreed upon by all parties who are not in default.

      (b)   If the court finds on motion of any party, that the county wherean action was filed does not have a courtroom or other suitable facility whichconforms to section 11 ofthe Americans with disabilities act accessibility guidelines for buildings andfacilities (ADAAG) adopted by 28 CFR 36.406 and incorporated in appendix Athereto, as in effect on July 1, 1999, and that such failure to conform wouldprohibit or limit the participation of a person material to the proceeding, thejudge, without changing venue, may conduct any hearing or trial in any countywith an accessible courtroom.

      (c)   If the court finds, on motion of any person at least 20 days beforethe hearing or trial, that the county where an action was filed does not have acourtroom or other suitable facility which conforms to section 11 of theAmericans with disabilities actaccessibility guidelines for buildings and facilities (ADAAG) adopted by 28 CFR36.406 and incorporated in appendix A thereto, as in effect on July 1, 1999,and thatsuch failure to conform would prohibit or limit the attendance of any person,the judge, without changing venue, may conduct the hearing or trial in anycounty with an accessible courtroom. Notice of the change of the locationshall be given to the parties at least 10 days prior to the date of the firstproceeding at the alternate location.

      History:   L. 1963, ch. 303, 60-612; L. 1983, ch. 197, § 2;L. 1999, ch. 155, § 1; July 1.