Utah Motion for Change of Venue - incorrect court district
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How to fill out Motion For Change Of Venue - Incorrect Court District?
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FAQ
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.
Choice of Law in the Transferee Court Following a transfer of venue, the transferee court must decide whether it will apply the law of the state or circuit in which it sits, or that of the transferor court's state or circuit.
The 1995 double murder criminal trial of O.J. Simpson for the 1994 murders of Nicole Brown Simpson and Ronald Goldman, in which the court granted a change of venue, and ordered the case to be moved from Santa Monica to downtown Los Angeles.
When one party wants to change venue, she must file a motion for change of venue. Most jurisdictions have strict requirements for the motion, which can be found in that jurisdiction's rules of procedure.
Section 1404(a) of Title 28 provides that: "for the convenience of parties and witnesses, in the interest of justice, a district may transfer any civil action to any other district where it might have been brought." Any party, including plaintiff, may move for a transfer under 28 U.S.C. § 1404(a).
A lawsuit may, however, be transferred to another US venue if that venue is more convenient or if the plaintiff's chosen venue is improper. The plaintiff's chosen venue may be improper if it has no relationship to the parties or the claims in the case.
Change of venue is the transfer of a case from one court (in which it commenced) to another in the same district. Usually, a change of venue is requested when one of the parties thinks that it would be fairer or more convenient to have a trial take place in a court in a different location.
To get a venue change based on publicity, courts usually require that the defense show that the media coverage caused actual prejudice in the prospective jurors' minds. In rare cases, sufficiently pervasive, sensational, and slanted publicity will cause the court to presume that there's prejudice.