NRAP 3A(b)(6) allows for an appeal from a district court order
granting or denying a motion to change venue. "If a demand for a change
of venue is filed in a timely manner, and no defendants reside in the
county in which the action is filed, and that county is not otherwise a
proper venue, then removal is mandatory." Washoe Cnty. v. Wildeveld,
103 Nev. 380, 382, 741 P.2d 810, 811 (1987); see also W. Pac. KR. Co. v.
Krom, 102 Nev. 40, 42-43, 714 P.2d 182, 184 (1986). Because respondents
moved for a change of venue under NRS 13.040, which requires an action
to be tried in the county in which defendant resides, appellant bore the
burden of proving that the action was commenced within the proper
venue. Wildeveld, 103 Nev. at 382, 741 P.2d at 811. Respondents
provided affidavits showing that they are both residents of Washoe
County, and appellant provided no substantive opposition to respondents'
motion. Appellant therefore failed to meet his burden to show that his
action was properly commenced in the First Judicial District Court, and
we
ORDER the judgment of the district court AFFIRMED.
'di
J.
Eaitta
Pielk04 1 , J.
Pickering
SUPREME COURT
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cc: Hon. Brent T. Adams, District Judge
Hon. James E. Wilson, District Judge
John Francis Arpino
Washoe County District Attorney/Civil Division
Washoe District Court Clerk
Carson City Clerk
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