Rule 398 - Place of Trial(a) Venue of Real Property. All actions affecting real property shall be tried in the county in which the subject of the action, or a substantial part thereof, is situated. (b) Venue for Recovery of Penalty, etc. Actions upon the following claims shall be tried in the county where the claim, or some part thereof, arose: (1) For the recovery of a penalty or forfeiture imposed by statute, except that when it is imposed for an offense committed on a lake, river, or other stream of water, situated in two or more counties, the action may be brought in any county bordering on such lake, river or stream and opposite the place where the offense was committed. (2) Against a public officer or person specially appointed to execute his duties, for an act done by him in virtue of his office, or against a person who by his command, or in his aid, does anything touching the duties of such officer, or for a failure to perform any act or duty which he is by law required to perform. (c) Venue for Tort and Contract and Other Actions.(1) Except as provided in sections (a) and (b) and subsections (c)(2) through (5) of this Rule, an action shall be tried in the county in which the defendants, or any of them, may reside at the commencement of the action, or in the county where the plaintiff resides when service is made on the defendant in such county; or if the defendant is a nonresident of this state, the same may be tried in any county in which the defendant may be found in this state, or in the county designated in the complaint, and if any defendant is about to depart from the state, such action may be tried in any county where plaintiff resides, or where defendant may be found and service had. (2) Except as provided in subsection (3) of this section an action on book account or for goods sold and delivered may also be tried in the county where the plaintiff resides or where the goods were sold; an action upon contract may also be tried in the county where the same was to be performed. (3)(A) For the purposes of this Rule, a consumer contract is any sale, lease or loan in which (i) the buyer, lessee or debtor is a person other than an organization; (ii) the goods are purchased or leased, the services are obtained, or the debt is incurred, primarily for a personal, family, or household purpose; and (iii) the initial amount due under the contract, the total amount initially payable under the lease, or the initial principal does not exceed twenty-five thousand dollars. (B) An action on a consumer contract shall be tried (i) in the county in which the contract was signed or entered into by any defendant; or (ii) in the county in which any defendant resided at the time the contract was entered into; or (iii) in the county in which any defendant resides at the time the action is commenced. If the defendant is a nonresident of this state, the same may be tried in any county in which the defendant may be found in this state, or in the county designated in the complaint, and if any defendant is about to depart from the state, such action may be tried in any county where plaintiff resides, or where defendant may be found and service had. (C) In any action on a consumer contract, if the plaintiff fails to state facts in the complaint or by affidavit showing that the action has been commenced in the proper county as described in this Rule, or if it appears from the stated facts the venue is improper, the court may, upon its own motion or upon motion of any party, dismiss any such action without prejudice; however, if appropriate facts appear in the record, the court shall transfer the action to an appropriate county. Any provision or authorization in any consumer contract purporting to waive any rights under subsection (3) of section (c) of this Rule is void.(D) Any debt collector covered by the provisions of the Federal "Fair Debt Collection Practices Act" shall comply with the provisions of said Act set forth in 15 U.S.C. 1692(i) concerning legal actions by debt collectors, notwithstanding any provision of this Rule. (4) An action upon a contract for services may also be tried in the county in which the services were to be performed. (5) An action for tort may also be tried in the county where the tort was committed. (d) Motion to Change Venue.(1) Except for actions under subsection (c) (3) of this Rule, a motion for change of venue under the provisions of (a) through (c) hereof or on the grounds that the county designated in the complaint is not the proper county shall be made on the date fixed in the summons for appearance or answer. The motion shall be heard at that time and if overruled or granted the answer shall be filed immediately unless the court shall fix a different time. Unless filed as prescribed herein the right to have venue changed on said grounds is waived. (2) A motion for change of venue on the grounds (A) that the convenience of witnesses and the ends of justice would be promoted by the change or (B) that a party fears that he will not receive a fair trial in the county in which the action is pending because the adverse party has an undue influence over the minds of the inhabitants thereof or that they are prejudiced against him so that he cannot expect a fair trial, or (C) that the venue of the action is improper under subsection (c) (3) of this Rule, may be made either on the date fixed in the summons for appearance or at any time before ten days prior to the date fixed for trial. The court may by order permit the filing of affidavits and a written counter motion and affidavits. Unless such motions are filed as prescribed herein the right to have venue changed on said grounds is waived. (3) Except as otherwise provided in an order allowing a motion to change venue, earlier ex parte and other orders affecting an action, or the parties thereto, shall remain in effect, subject to change or modification by order of the court to which the action is removed. (e) Transfer Where Concurrent Jurisdiction. All actions or proceedings in which district and county courts have concurrent jurisdiction, may, by stipulation of the parties and order of court, be transferred by either court to such other court of the same county. Upon transfer, the court to which such cause is removed shall have and exercise the same jurisdiction as if originally commenced therein. (f) Place Changed if Parties Agree. When all parties assent, or when all parties who have entered their appearance assent and the remaining nonappearing parties are in default, the place of trial of an action in a county court may be changed to any other county court in the county. (g) Parties Must Agree on Change. Where there are two or more plaintiffs or defendants, the place of trial shall not be changed unless the motion is made by or with the consent of all of the plaintiffs or defendants, as the case may be. (h) Only One Change. No Waiver. In case the place of trail is changed the party securing the same shall not be permitted to apply for another change upon the same ground. A party does not waive his right to change of judge or place of trial if his objection thereto is made in apt time. ANNOTATION When improper venue does not impair court's jurisdiction. In a civil case where the defendant does not interpose a timely motion to change the place of trial, improper venue does not impair a court's jurisdiction. Under such circumstances, a county court does not act properly in changing venue at its own instance, contrary to the agreement of the parties and over the express objection of one of them. Halliburton v. County Court ex rel. City & County of Denver, 672 P.2d 1006 (Colo. 1983).