Texas Motion to Change Jurisdiction - Venue
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How to fill out Motion To Change Jurisdiction - Venue?
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FAQ
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.
See Texas Rule of Civil Procedure, Rule 87. Write the date and time of the hearing on the Motion to Transfer Venue and Notice of Hearing form. Fill out this form completely in blue or black ink (except for the judge's signature). You will ask the judge to sign this form to grant the motion and transfer your case.
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.
Change of venue. noun. law the removal of a trial out of one jurisdiction into another.
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.
While jurisdiction refers to the authority or power of a court to hear and decide a particular type of legal matter or case, venue, deals with the proper geographical location or court where a legal case should be heard.
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.
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.
