What is a change of venue?

A change of venue is a legal request to transfer a trial from one court to another. In California, a change of venue is governed by the Code of Civil Procedure, Section 399. This type of request is typically sought when a defendant in the case believes that the current court is not a fair or appropriate forum in which to try the case. The request can be made for a number of reasons, such as if the court or jurors in the original court may not be impartial to the defendant due to bias or prejudice. Another reason could be if the current court lacks jurisdiction over the parties and the case. A motion for a change of venue must be filed with a court. The defendant must provide evidence to support the request and explain why a different court would be more appropriate in this case. The judge presiding over the case will then review the motion and, if convinced, will grant the change of venue. The entire case file would then be transferred, along with any witnesses, to the new court. In some cases, the court may deny the request for a change of venue. This could occur if there does not appear to be any reason for the change and the court finds that the defendant has not demonstrated sufficient grounds for the transfer.

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What is a change of venue?

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