State ex rel. Dunbar v. Ham

0 ’Neill, C. J.

The issue to be determined in this appeal is whether, under the provisions of Civ. R. 3(C) (4), a trial court, upon its own motion and without conducting a hearing, may order a change of venue to another county.

Civ. R. 3(C) (4) reads:

“Upon motion of any party or upon its own motion the court may transfer any action to an adjoining county within this state when it appears that a fair and impartial trial cannot be had in the county in which the suit is pending.”

Prior to the adoption of the Rules of Civil Proceedure,, R. C. 2311.38 provided for change of venue. That section, read:

“…