Change Venue For Criminal Case
Description
How to fill out Motion For Change Of Venue - Incorrect Court District?
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FAQ
In federal court cases, venue is determined by different criteria than state court cases. Venue is based on the specific level of court. U.S. District Court is the proper venue in cases where federal law is at issue or defendants to the action do not reside in the state where the action was filed.
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. § 1404(a).
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.
When a Motion for Change of Venue is filed in a criminal case, it means either the prosecution or the defense is asking the judge to move the upcoming trial to a different place.
Venue, in law, locality in which a criminal offense or civil litigation is to be conducted. The concept of venue involves important issues of public policy in the adjudication of crimes. Local and general statutes specify the court in which a criminal offense or civil claim must be tried.