What is a motion for a change of venue?

A motion for a change of venue is a request submitted to the court to move a trial from one jurisdiction to another. It is most often filed when a defendant or plaintiff believes they cannot get a fair trial in the court’s current location, for example if the jury may be prejudiced in a particular location. The motion is usually based on a reason related to the location in North Carolina, such as the presence of certain witnesses, a biased jury pool in the current location, or the availability of evidence at the proposed location. In North Carolina, motions for a change of venue are subject to a complicated set of rules and regulations that can be difficult to understand. Generally speaking the court will consider the likelihood of unfairness or prejudice, the convenience of witnesses, and the cost associated with a change of venue in making its decision. The defendant or plaintiff must also show that the current court is not a “proper place” for the trial, meaning that a bias or prejudice exists in the current court that cannot be eliminated in a timely manner. If a motion for a change of venue is successful, the court will make its decision and issue an order of transfer to the proposed court. The parties in the case must then comply with the court’s instructions and appear in the new court at the designated time. The new court will then resume the trial and the matter will proceed from there.

Related FAQs

How do I cross-examine a witness?
What is a motion?
What is a continuance?
What is a plea bargain?
What does the judge consider when making a ruling?
What is the difference between criminal and civil court?
How do I serve a summons?
What does it mean to appeal a conviction?
What is the difference between a trial lawyer and a defense attorney?
How do I find out when my court date is?

What is a motion for a change of venue?

Related FAQs

Related Blog Posts