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Change of venue. noun. law the removal of a trial out of one jurisdiction into another.
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. Pre-Trial Motions | United States Department of Justice justice.gov ? usao ? justice-101 ? pretrial-m... justice.gov ? usao ? justice-101 ? pretrial-m...
Choice of Law in the Transferee Court Following a transfer of venue, the transferee court must decide whether it will apply the law of the state or circuit in which it sits, or that of the transferor court's state or circuit. Civil Procedure 2021 : Notes on Transfer of Venue - Open Casebooks opencasebook.org ? casebooks ? resources ? 6.2.5... opencasebook.org ? casebooks ? resources ? 6.2.5...
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 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. Change of Venue in a Criminal Case - Nolo nolo.com ? legal-encyclopedia ? change-ve... nolo.com ? legal-encyclopedia ? change-ve...
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). 42. Change Of Venue | United States Department of Justice justice.gov ? civil-resource-manual-42-chan... justice.gov ? civil-resource-manual-42-chan...
The state or defendant may request a change of venue from the county for cause. The motion must be accompanied by an affidavit signed by the defendant or prosecuting attorney. The affidavit must set forth facts supporting the constitutional or statutory basis for the change.
An application for a change of judge or change of venue from the county shall be filed within ten (10) days after a plea of not guilty, or if a date less than ten (10) days from the date of said plea, the case is set for trial, the application shall be filed within five (5) days after setting the case for trial.