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

In North Carolina, a change of venue is when a court case must be moved to a different county from the one it was originally filed in. A change of venue is requested either by one of the parties involved in the case, or by the court itself. The rules for a change of venue in North Carolina are found in North Carolina General Statute Ch. 15A-121. These rules outline the circumstances in which the court may approve a change of venue, including when a change is requested by the defendant, or when the court decides the “interest of justice” would be better served by such a change. Additionally, the statute outlines the procedures that must be followed by the court in order to determine whether the requested change of venue should be approved. In most cases, the court will ask for both parties to submit a written motion stating the reasons why the requested change should be approved or denied, and outlining the arguments the judge may consider when making his or her decision. This motion must include evidence backing up the reasons for, or against, the change of venue, such as reports or affidavits from witnesses. After this motion is submitted to the court, a hearing is scheduled in which both parties can present their arguments in favor of, or against, the requested change. The court must then issue a decision, either granting or denying the change of venue, based on the arguments presented.

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

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