Change of Venue
Review
"The general rule in North Carolina, as elsewhere, is that where a demand for removal for improper venue is timely and proper, the trial court has no discretion as to removal. The provision in N.C.G.S. § 1-83 that the court 'may change' the place of trial when the county designated is not the proper one has been interpreted to mean 'must change.' Miller v. Miller, 38 N.C. App. 95, 97, 247 S.E.2d 278, 279 (1978) (citations omitted).
"A motion for change of venue for the convenience of witnesses and to promote the ends of justice is addressed to the sound discretion of the trial judge, and his action thereon is not reviewable on appeal unless an abuse of discretion is shown. Phillips v. Currie Mills, Inc., 24 N.C. App. 143, 144, 209 S.E.2d 886, 886 (1974).
Waiver
"However, since venue is not jurisdictional it may be waived by express or implied consent, and a defendant's failure to press his motion to remove has been found to be a waiver. Miller v. Miller, 38 N.C. App. 95, 97, 247 S.E.2d 278, 279 (1978) (citations omitted).