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South Carolina Notice of Intention To Seek Change of Venue

State:
South Carolina
Control #:
SC-SKU-0439
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PDF
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Notice of Intention To Seek Change of Venue

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FAQ

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.

SECTION 22-3-550. Jurisdiction over minor offenses; restitution; contempt; maximum consecutive sentences. (A) Magistrates have jurisdiction of all offenses which may be subject to the penalties of a fine or forfeiture not exceeding five hundred dollars, or imprisonment not exceeding thirty days, or both.

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.

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.

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.

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.

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South Carolina Notice of Intention To Seek Change of Venue