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Supreme Court Rules



Section/Rule:
32.03

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 - Change of Venue as a Matter of Right in Certain Counties - Procedure
Revised / Effective Date:
January 1, 2014

32.03. Misdemeanors or Felonies - Change of Venue as a Matter of Right in Certain Counties - Procedure

(a) A change of venue shall be ordered in any criminal proceeding triable by a jury pending in a county having seventy-five thousand or fewer inhabitants upon the filing of a written application therefor by the defendant. In felony and misdemeanor cases the application must be filed not later than ten days after the initial plea is entered. The defendant need not allege or prove any reason for change. The application need not be verified and shall be signed by the defendant or the defendant's attorney.

(b) A copy of the application and notice of the time when it will be presented in the court shall be served on all parties.

(c) If a timely application is filed, the court immediately shall order the case transferred to some other county convenient to the parties for trial by jury, first giving all parties an opportunity to make suggestions as to where the case should be sent. In lieu of transferring the case to another county, the court may secure a jury from another county as provided by law.

(d) All proceedings, except the trial by jury, may, in the trial court's discretion, occur in the originating county.

(Adopted April 20, 1981, eff. Jan. 1, 1982. Amended June 16, 1989, eff. Jan. 1, 1990; eff. Dec. 21, 1993, eff. Jan. 1, 1995; eff. May 30, 1995, eff. Jan. 1, 1996; June 20, 2013, eff. Jan. 1, 2014.)
Committee Note - 1982