North Carolina Motion to Change Jurisdiction - Venue

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Multi-State
Control #:
US-MOT-01400
Format:
Word; 
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This is a multi-state form covering the subject matter of the title.
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FAQ

Motion for Change of Venue ? may be made for various reasons including pre-trial publicity. If the local news has covered the case a great deal, it may be necessary to move the trial to another venue to protect the defendant's right to an impartial jury.

Change Of Venue. 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."

A motion to transfer venue can prove to be an invaluable device that allows the court to move the case off its docket without effectuating a complete dismissal. While it is not the grand slam win of a dismissal for defendants, it can be a worthy Plan B to defending a case in an out-of-state forum.

The 1995 double murder criminal trial of O.J. Simpson for the 1994 murders of Nicole Brown Simpson and Ronald Goldman, in which the court granted a change of venue, and ordered the case to be moved from Santa Monica to downtown Los Angeles.

Change of venue is the transfer of a legal action from one county to another county for trial. In criminal cases a change of venue is permitted if, for example, the court believes the defendant cannot receive a fair trial in a given county.

Change of venue is the transfer of a legal action from one county to another county for trial. In criminal cases a change of venue is permitted if, for example, the court believes the defendant cannot receive a fair trial in a given county.

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.

The court may change the place of trial in the following cases: (1) When the county designated for that purpose is not the proper one. (2) When the convenience of witnesses and the ends of justice would be promoted by the change. (3) When the judge has, at any time, been interested as party or counsel.

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North Carolina Motion to Change Jurisdiction - Venue