A Missouri Motion for Refusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions is a legal procedure that aims to request the removal of a judge and the transfer of a trial to a different jurisdiction, specifically due to one or more co-defendants having prior criminal convictions. This motion is typically filed by the defendant or their attorney to secure a fair trial by avoiding potential bias or prejudice resulting from the presence of co-defendants with a criminal record. In Missouri, there are two types of motions related to the refusal and change of venue due to co-defendants' prior criminal convictions: 1. Motion for Refusal: This motion focuses on the request for the judge to recuse themselves from the case. It argues that the judge's impartiality may be compromised due to the co-defendant's prior criminal convictions, which could subjectively influence the judge's decision-making process. The motion typically highlights conflicts of interest or familiarity between the judge and the co-defendant(s), which could interfere with the defendant's right to a fair trial. 2. Motion for Change of Venue: This motion seeks the relocation of the trial to another jurisdiction. It asserts that the local community's familiarity with the co-defendant's past criminal history may create a biased atmosphere, making it difficult for the defendant to receive an unbiased jury and a fair trial. The motion presents evidence supporting the notion that pretrial publicity, public opinion, or community sentiment could potentially prevent an impartial jury from being selected. Keywords: Missouri, Motion for Refusal, Change of Venue, Co-Defendant's Prior Criminal Convictions, legal procedure, removal of judge, transfer of trial, fair trial, potential bias, prejudice, defendant, attorney, judge's impartiality, conflicts of interest, familiarity, right to a fair trial, Motion for Change of Venue, relocation, jurisdiction, local community, biased atmosphere, unbiased jury, pretrial publicity, public opinion, community sentiment, impartial jury.
Missouri Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions
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51.045. Rule 51.045 - Transfer of Venue When Venue Improper (a) Any motion to transfer venue alleging improper venue shall be filed within 60 days of service on the party seeking transfer. For good cause shown, the court may extend the time to file a motion to transfer venue or allow the party to amend it.
To get a venue change based on publicity, courts usually require that the defense show that the media coverage caused actual prejudice in the prospective jurors' minds. In rare cases, sufficiently pervasive, sensational, and slanted publicity will cause the court to presume that there's prejudice.
Under Rule 52.02(k) in Missouri, a guardian ad litem may be appointed for someone who is mentally or physically infirm. The procedure requires that (1) it either affirmatively appear or be suggested that someone who does not have a guardian (2) is incapable of protecting his or her own's interest in any litigation.
51.02. If at least thirty days before the trial date of a civil action triable by jury the parties shall file a stipulation agreeing upon removal of the civil action to a designated court of competent jurisdiction, the court shall order it removed to such other court.
A dismissal without prejudice permits the party to bring another civil action for the same cause, unless the civil action is otherwise barred. A dismissal with prejudice bars the assertion of the same cause of action or claim against the same party.
Local Rule 68.3 is titled ?Automatic Family Court Order.? It goes into effect immediately upon the filing of the petition that begins the case and restricts the parties' behavior as a means of minimizing conflict and describing expectations for the parties in how they treat each other and their children.
Under Rule 51.03, for instance, a party can be granted a change of venue automatically if certain conditions are met: (1) the venue/county in which the action is pending has a population of less than 75,000, (2) the case is triable to a jury and (3) the request is made in a timely fashion (i.e., no later than 10 days ...
Rule 51.04 - Change of Venue From Inhabitants for Cause-Procedure (a) A change of venue may be ordered in any civil action triable by jury for the following causes: (1) That the inhabitants of the county are prejudiced against the applicant; or (2) That the opposite party has an undue influence over the inhabitants of ...