Virginia Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions

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Multi-State
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US-MOT-01426
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This is a multi-state form covering the subject matter of the title.
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FAQ

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.

(1) A party is under a duty promptly to amend and/or supplement all responses to discovery requests directly addressed to (A) the identity and location of persons having knowledge of discoverable matters, and (B) the identity of each person expected to be called as an expert witness at trial, the subject matter on ...

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.

Change of venue. noun. law the removal of a trial out of one jurisdiction into another.

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.

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 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.

Rule . ? All final judgments, orders, and decrees, irrespective of terms of court, remain under the control of the trial court and may be modified, vacated, or suspended for twenty-one days after the date of entry, and no longer.

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Virginia Motion for Recusal and Change of Venue Due to Co-Defendant's Prior Criminal Convictions