Rule 36.4 Hearing Transfer Requests

A. Where the defendant has not been served, the court may entertain a motion to transfer ex parte, either orally or upon written request and need not require a hearing.

B. Where the opposing party consents to a transfer, the court need not require a hearing. No transfer shall be made upon consent of the parties where no authorized factual grounds for transfer are asserted; however, the court may accept without further proof the factual assertions where the request is made by consent.

C. Where the defendant has been served and there is no consent to the request for transfer, the court may decide the request at the hearing regularly set in that case. Alternately, the court may, after reviewing the legal sufficiency of the request, notify the opposing party that the request will be granted unless a hearing is requested within ten days. Such notice shall be sent by regular mail to the address shown on the pleadings.

D. The transfer order shall not be entered until any required service fee is paid. The court shall transfer the case within 10 days of the entry of the order.

E. If an order allowing the plaintiff to proceed in forma pauperis has been entered in the court where the action was originally filed, it shall be honored in the transferee court unless and until successfully challenged by an opposing party.