Change In Venue Letter Format In Utah
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FAQ
For example, in California, when a bailiff or marshal calls the court to order part of the cry will take the form "in and for the County of San Francisco"; when there is a change of venue the cry will be, "in the County of Alameda for the County of San Francisco."
It's very rare for a prosecutor to request a change of venue. I only know of one case and I will describe it below. Changes of venue are generally because it is believed than an impartial jury cannot be impaneled in the current venue. Obviously this is more often a concern for the defense than the prosecution.
Brown v. A unanimous Court overturned Plessy v. Ferguson and held that state laws requiring or allowing racially segregated schools violate the Equal Protection Clause of the Fourteenth Amendment. The Court famously stated "separate educational facilities are inherently unequal."
Judges are typically afforded significant leeway in deciding whether to change venue. That leeway may make it tough for the defense to convince an appeals court to overturn the decision. (See our sections on appeals and writs.)
Negative pre-trial publicity is the most common reason for a change of venue. The defense lawyer must show that the publicity was severe enough that it affects the ability to find an impartial jury.
The judge must review the facts of the specific case and determine whether a change of venue would be appropriate. For example, the judge may look into whether the foreign national may have a valid defense to removal. They also may be more likely to grant a change of venue if the case has not already been delayed.
Withdrawing a Guilty Plea Once a defendant enters a guilty plea, withdrawing it becomes difficult. Under Rule 11(f) and Utah Code § 77-13-6, a defendant must file a motion to withdraw the plea before sentencing.
The Rodney King case is one example of a notable change of venue where the trial was moved from Los Angeles to Simi Valley to manage impartiality. Dzhokhar Tsarnaev, the suspect in the Boston Marathon bombing, also filed a motion for a change of venue because of pretrial publicity and local bias.
The Utah State Court System is comprised of two appellate courts - the Supreme Court and Court of Appeals; trial courts including the District, Juvenile, and Justice Courts; and two administrative bodies - the Judicial Council and the Administrative Office of the Court.
If you want to transfer the order to the court you selected for enforcement, you will need to file a "Motion for Change of Venue" with the court that issued the order. The process for transferring your case is called "changing venue" and the legal authority for changing venue is found at Utah Code Section 78B-3-309.
