Mississippi Defendant's Motion for Change of Venue

State:
Mississippi
Control #:
MS-61030
Format:
Word; 
Rich Text
Instant download

Description

A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Defendant's Motion for Change of Venue, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. MS-61030
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FAQ

To achieve a change of venue, defendants typically have to show a reasonable likelihood that they can't receive a fair trial.Other reasons for a change of venue include: a judge who is prejudiced against the defendant, and. in capital cases, a jury pool that's predisposed for or against the death penalty.

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.

The criminal statute of limitations requires prosecutors to file criminal charges against a suspect within two years for misdemeanors and within five years for certain felonies, but there is no time limit in Mississippi for charges of murder, kidnapping, rape, burglary, robbery, larceny, and several other serious

A change of venue is the legal term for moving a trial to a new location.A change of venue request because venue is improper means that the removing defendant believes that the case may not be in that venue because it is improper under procedural rules.

If you are selected to serve on this Grand jury panel, you will serve approximately one to three days every month for an eighteen (18) month period.

A change of venue may be ordered by the Supreme Court where it is shown that the accused might be liquidated by his enemies in the place where the trial was originally scheduled to be held.

A motion for change of venue ensures that a case is heard in the best location. There are two basic requirements that must be met before a court can hear a case. The first is jurisdiction, which means that the court has the authority to decide the legal issues which affect the rights of the parties in the case.

Sixteen-year-old William Haymon has spent more than 500 days in an adult jail in rural Lexington, Mississippi. There are no state rules governing how long a person can be incarcerated without being formally charged with a crime.

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).

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Mississippi Defendant's Motion for Change of Venue