The South Carolina Affidavit for Change of Venue is a legal document that is used to request a change of location for a court action. It is commonly used when a party to a legal proceeding wishes to move the case to a different court in South Carolina. The affidavit must be filed with the Clerk of Court in the county where the action is currently being heard and must be signed by both parties or their attorneys. There are two types of South Carolina Affidavit for Change of Venue: an Affidavit for Change of Venue Due to Prejudice and an Affidavit for Change of Venue Due to Convenience. The Affidavit for Change of Venue Due to Prejudice is used when a party wishes to move their case to another county due to prejudice or bias of the local court. The Affidavit for Change of Venue Due to Convenience is used when a party wishes to move their case to another county due to convenience of the parties, attorneys, or witnesses.
South Carolina Affidavit for Change of Venue
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How to fill out South Carolina Affidavit For Change Of Venue?
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FAQ
A defendant or court official can file a petition for a change of venue if it is believed that a defendant cannot receive a fair trial in a given county for reasons such as: Pretrial publicity: Media coverage of criminal trials has the power to impact a defendant's Sixth Amendment right to an impartial jury.
To be an admissible Affidavit, the acknowledgment must be sworn to be true and correct to the best personal knowledge of the affiant. Furthermore, the affiant must declare that the statements contained in the Affidavit are true and correct under penalties of perjury.
While jurisdiction says in what state and what court you file your lawsuit, ?venue? is the county where you file your action.
S.C. Code Ann. § 22-3-920 provides that either party in a civil case, or the prosecutor or the accused in a criminal case, may apply for a change of venue.
Application of contract and arbitration agreements relative to venue of actions.
In either a civil or criminal case, the person requesting the change of venue must file with the magistrate an affidavit stating that the individual does not believe he/she can receive a fair trial. The affidavit must also state the grounds supporting the belief of the requesting party.
July 2021. Change of Venue in California. 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.