Rule 40.1 Transfer of Trial and Change of Judge

(a) Transfer of Trial.

(1) Time. Any party may move to transfer trial within 15 days after the last pleading is filed.

(2) Transfer. The chancery court shall transfer the action to another county for trial if the chancery court is satisfied that the convenience of witnesses would be promoted thereby.

(3) Hearing. All parties shall have an opportunity to be heard at the hearing on the motion and any party may urge objections to any county.

(4) Transfer. If the motion is granted the chancery court shall order that the action be transferred to the most convenient county to which the objections of the parties do not apply or are the least applicable, whether or not such county is specified in the motion.

(5) Additional Motions to Transfer. After the first motion has been ruled upon, no party may move for transfer without permission of the chancery court.

(6) Upon Transfer. When a transfer is ordered the action shall continue in the county to which it is transferred as though it had been originally filed therein.

(7) The presiding judge may at any time upon the judge’s own motion order a transfer of trial when it appears that the ends of justice would be promoted thereby.

(b) Change of Judge.

(1) Peremptory Disqualification. Not Applicable.

(2) Disqualification for Cause.

(A) Grounds. Whenever the grounds for such motion become known, any party may move for a change of chancery judge on the ground that the presiding judge

(i) has been engaged as counsel in the action prior to being appointed as judge,

(ii) is interested in the action,

(iii) is related by consanguinity to a party,

(iv) is a material witness in the action, or

(v) is biased or prejudiced against the party or the party’s counsel.

(B) Motion, Affidavits and Counter-Affidavits. The motion shall be supported by an affidavit or affidavits of any person or persons, stating sufficient facts to show the existence of such grounds. Prior to a hearing on the motion any party may file counteraffidavits.

(C) Hearing. The motion shall be heard by the presiding judge, or at the discretion of the presiding judge by another judge. If the motion is granted, the presiding judge shall immediately call in another judge to try the action.

(3) Effect of Ruling. A ruling on a motion for a change of chancery judge shall not be an appealable order, but the ruling shall be entered on the docket and made a part of the record and may be assigned as error in an appeal of the case.

(4) Motion by Judge. The presiding judge may at any time on the judge’s own motion order a change of judge when it appears that the ends of justice would be promoted thereby.

(c) District Court Removal.

(1) Upon Removal. When removal to district court is ordered under Rule 3(a):

(A) The clerk of the chancery court shall transmit, through the electronic filing system, to the clerk of the district court to which the action has been transferred all records electronically filed in an action.

(B) The objecting party shall be assessed a docket fee through the chancery court’s electronic filing system.

(C) The action shall continue in the district court to which it is transferred as though it had been filed initially therein.