What are the rules and procedures for a change of venue?

A change of venue is when a case is moved from one court to another. This can be beneficial when a larger city or bigger courthouse is more suitable for the needs of the case or if the parties involved want a “fairer” or “fresher” venue. In Delaware, the rules and procedures for a change of venue vary slightly based on which type of court is involved. In civil cases, the process begins with someone filing a motion for change of venue, which must include a legal reason for the change. The court will then decide if the request is warranted and may also set a hearing for further consideration. It’s important to note that a change of venue can be requested before the case is heard in the original court, but it can also be requested after the case is already underway. In criminal cases, the process for a change of venue is similar. The defense or prosecution must file a motion with the court requesting a change of venue. This motion must include a statement of facts that justify the need for a new location. The court will then decide whether to grant the motion and move the case to a new venue. It’s important to note that a criminal change of venue can only be granted if the court finds that a fair and impartial jury can’t be found in the original jurisdiction.

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What are the rules and procedures for a change of venue?

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