Idaho Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions
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How to fill out Motion For Recusal And Change Of Venue Due To Co-Defendant's Prior Criminal Convictions?
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FAQ
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.
(a) Motion for Change of Venue. (2) Mandatory. The judge must change the venue of a trial when it appears by affidavit or other satisfactory proof that the county designated in the complaint is not the proper county, which motion must be made no later than 14 days after the party files a responsive pleading.
A judge may grant a change of venue or change the place of trial to another county as provided by statute or when it appears by affidavit or other satisfactory proof that: (A) there is reason to believe that an impartial trial cannot be had in the county in which the action is filed, or (B) the convenience of witnesses ...
To achieve a change of venue, defendants typically have to show a reasonable likelihood that they can't receive a fair trial. That reasonable likelihood is usually due to pretrial publicity, but it could have to do with some other event making it almost impossible to find an impartial jury.
In any felony or misdemeanor criminal action, excluding actions before drug courts or mental health courts, any party may disqualify one judge by filing a motion for disqualification without stating any grounds, and the motion must be granted if timely filed.
A Rule 11 plea agreement is a "binding" plea agreement. It is an agreement entered into by the parties for a certain sentence if the defendant pleads guilty to a specific criminal charge. A plea agreement under this rule binds the court to the terms of the agreement.
Motions to transfer venue may be brought on the grounds that the action was filed in the wrong court, or that the convenience of the witnesses and the ends of justice would be promoted by the change in venue. CCP § 396b; CCP § 397(c). If venue is improper, a court must grant an "improper court" motion. CCP § 396b.
Idaho Rules of Family Law Procedure Rule 105. Change of Venue. (a) Motion for Change of Venue. A judge may change venue only upon motion by any party.