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South Carolina Motion for Transfer of Venue

Category:
Statewide - Appellate Courts
State:
South Carolina
Control #:
SC-SKU-0977
Format:
PDF
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Description

Motion for Transfer of Venue
A South Carolina Motion for Transfer of Venue is a legal document filed with the court to request a change of venue for a case. This type of motion is typically used when a party believes their case would be better suited for a different judicial jurisdiction. In South Carolina, there are two types of Motion to Transfer Venue: 1) Motion for Change of Venue and 2) Motion for Transfer of Venue. A Motion for Change of Venue requests a change of venue from one county to another county within the same judicial district. A Motion for Transfer of Venue requests a change of venue from one judicial district to another. Both motions must be accompanied by a Certificate of Good Cause, which explains why the change of venue is necessary.

A South Carolina Motion for Transfer of Venue is a legal document filed with the court to request a change of venue for a case. This type of motion is typically used when a party believes their case would be better suited for a different judicial jurisdiction. In South Carolina, there are two types of Motion to Transfer Venue: 1) Motion for Change of Venue and 2) Motion for Transfer of Venue. A Motion for Change of Venue requests a change of venue from one county to another county within the same judicial district. A Motion for Transfer of Venue requests a change of venue from one judicial district to another. Both motions must be accompanied by a Certificate of Good Cause, which explains why the change of venue is necessary.

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FAQ

July 2021. Change of Venue in California. Change of venue is the transfer of a legal action from one county to another county for trial. In criminal cases a change of venue is permitted if, for example, the court believes the defendant cannot receive a fair trial in a given county.

Application of contract and arbitration agreements relative to venue of actions.

Rules to show cause carry powerful sanctions which are listed in S.C. Code § 63-3-620. The court can order the other party to spend up to one year in jail, fine him or her up to $1,500.00 or make him or her perform up to 300 hours of community service unless and until that party complies with the court order.

Filing a Brady Motion ? Another option is to file a Brady motion, which compels the prosecution to disclose any material and exculpatory evidence in its possession.

The Brady rule, named after Brady v. Maryland, requires prosecutors to disclose material, exculpatory information in the government's possession to the defense.

S.C. Code Ann. § 22-3-920 provides that either party in a civil case, or the prosecutor or the accused in a criminal case, may apply for a change of venue.

Upon written request of the prosecution, the defendant shall within ten days or at such time as the court may direct, notify the prosecution in writing of the defendant's intention to rely upon the defense of insanity at the time of the crime or to enter a plea of guilty but mentally ill.

Upon any trial or hearing, the clerk shall furnish the original record in the action to the judge, who shall return same to the clerk immediately upon completion of such trial or hearing. Copies of the record may be furnished instead of the original by permission of the judge.

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More info

A party may move for transfer, even if it has waived any objection to venue. A motion to transfer venue can prove to be an invaluable device that allows the court to move the case off its docket without effectuating a complete dismissal.A motion for change of venue ensures that a case is heard in the best location. When a judge transfers venue, your case is moved to a court in a different county. Complete the motion form, per the included instructions. 2. When a transfer of venue is ordered, the entire civil action shall be transferred unless a separate trial has been ordered. Filing: If you are efiling any of these forms, you will need to "flatten" the form so it cannot be changed after you complete it. A motion for change of venue must be filed within ten days of filing an answer. A written consent of the parties to transfer the case to another county may be filed with the clerk of the court at any time. 14.120 Time of motion; to what county changed; number of changes. 14.

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