What is a change of venue?

A change of venue is a process in civil procedure law that allows a case to be heard in a different jurisdiction than the one in which it originated. This is done when the court in the original jurisdiction believes that the parties cannot receive a fair trial. For example, if a trial were taking place in a state where the defendant had a high level of fame, they may not feel as if they can get a fair trial due to potential biases the jury may have. In Idaho, a change of venue must be requested by either party prior to trial and approved by a judge before it can be granted. The party requesting the change must offer a valid reason as to why they feel the original court is unable to provide a fair trial. The judge will then decide if the proposed location is suitable for the case to be heard. The decision of whether or not to grant the change of venue ultimately rests with the presiding judge. It is important to note that a change of venue does not mean that a new trial will take place, only that the case will be heard in a different jurisdiction. The same evidence and testimony will be used to decide the outcome of the case that would have been used in the original jurisdiction. A change of venue only guarantees that the trial will proceed in a different court with a different jury.

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What is a change of venue?

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