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  • South Carolina Notice of Intention to Seek Change of Venue

South Carolina Notice of Intention to Seek Change of Venue

Category:
Statewide - Appellate Courts
State:
South Carolina
Control #:
SC-SKU-1432
Format:
PDF
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Description

Notice of Intention to Seek Change of Venue

A South Carolina Notice of Intention to Seek Change of Venue is a document filed by a party to a civil action, which informs the court and the opposing party of their intention to request a change of venue from the court in which the action was originally filed. The notice typically includes the name of the party filing the motion, the case number, the name of the court in which the action was originally filed, the name of the court to which the party intends to transfer the action, and the basis for the request. There are two types of South Carolina Notice of Intention to Seek Change of Venue: a motion for change of venue based on a lack of impartiality, and a motion for change of venue based on the convenience of the parties or witnesses.

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FAQ

SECTION 22-3-550. Jurisdiction over minor offenses; restitution; contempt; maximum consecutive sentences. (A) Magistrates have jurisdiction of all offenses which may be subject to the penalties of a fine or forfeiture not exceeding five hundred dollars, or imprisonment not exceeding thirty days, or both.

The court may change the place of trial in the following cases: (1) When the county designated for that purpose is not the proper one. (2) When the convenience of witnesses and the ends of justice would be promoted by the change. (3) When the judge has, at any time, been interested as party or counsel.

S.C. Code Ann. § 22-3-920 provides that either party in a civil case, or the prosecutor or the accused in a criminal case, may apply for a change of venue.

In either a civil or criminal case, the person requesting the change of venue must file with the magistrate an affidavit stating that the individual does not believe he/she can receive a fair trial. The affidavit must also state the grounds supporting the belief of the requesting party.

Venue deals with locality of a lawsuit?that is, in which locale a lawsuit may be filed or commenced. It involves a decision of which district (federal court) or county (state court) is appropriate, based typically on where a matter occurred or where the defendant resides. A case can be brought only in a certain venue.

Reasons for changes of venue include pretrial publicity, bias, political atmosphere, and any other circumstance that the parties believe would prevent them from obtaining a fair trial in the county in which the case was originally filed.

An application for a change of venue should be made by motion on notice supported by affidavit. In the Common Law Division of the Supreme Court, since the abolition of fixed circuit sittings, applications to have proceedings heard (wholly or partly) outside Sydney are dealt with by the Chief Judge of the Division.

Change Of Venue. Section 1404(a) of Title 28 provides that: "for the convenience of parties and witnesses, in the interest of justice, a district may transfer any civil action to any other district where it might have been brought." Any party, including plaintiff, may move for a transfer under 28 U.S.C.

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