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Supreme Court Rules



Section/Rule:
32.09

Subject:
Rule 32 - Rules of Criminal Procedure - Misdemeanors or Felonies - Venue Including Change of Venue and Change of Judge - Disability of Judge
Publication / Adopted Date:
April 20, 1981

Topic:
Misdemeanors or Felonies - Only One Change of Venue or Change of Judge Granted to Same Party - Exception
Revised / Effective Date:
January 1, 1996

32.09. Misdemeanors or Felonies - Only One Change of Venue or Change of Judge Granted to Same Party - Exception

(a) Neither the state nor any defendant shall be allowed more than one change of judge in any criminal proceeding except that the exercise of an application for change of judge prior to the preliminary examination shall not prohibit a party from filing another application for change of judge if the defendant is held to answer for the charge.

(b) No defendant shall be allowed more than one change of venue under Rules 32.01 through 32.09, inclusive.

(c) However, nothing contained in Rules 32.01 through 32.09, inclusive, shall prohibit a judge from ordering a change of venue or change of judge when fundamental fairness so requires or pursuant to Rule 32.10.

(Adopted April 20, 1981, eff. Jan. 1, 1982. Amended May 30, 1995, eff. Jan. 1, 1996.)
Committee Note – 1982
Paragraph (a) is new.
Compare: Rule 51.05(d) and prior Rule 30.12.
Paragraph (b) is new.
Compare: Rule 51.04(f) and prior Rule 30.07.
Paragraph (c) is new.