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Supreme Court Rules



Section/Rule:
32.08

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 - Joint Application for Change of Venue and Change of Judge - When Required - Procedure - Notice of Requirement
Revised / Effective Date:
January 1, 1996

32.08. Misdemeanors or Felonies - Joint Application for Change of Venue and Change of Judge - When Required - Procedure - Notice Requirement

(a) If a party requests and obtains either a change of venue or a change of judge, except a change of judge pursuant to Rule 32.06, that party shall not be granted any additional change thereafter except as provided in Rule 32.09(c) or Rule 32.10. A defendant who desires both a change of venue and a change of judge, except a change of judge pursuant to Rule 32.06, must join both requests in a single application.

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

(c) Upon the timely presentation of an application requesting a change of judge and a change of venue and if no such application has previously been made by the requesting party, the judge promptly shall sustain the application for change of judge and transfer the case in accordance with the procedures of Rule 32.07(d).

(d) The newly assigned judge shall determine the request for change of venue. If the change of venue is a matter of right, the assigned judge may order the change of venue without the judge's appearance in the county from which the change is taken after giving all parties an opportunity to make suggestions as to where the case should be sent.

(e) If the application for change of venue is granted, the judge shall order the change of venue. If the change of venue is denied or if the change of venue is to another county in the same circuit, the newly assigned judge shall continue to be the judge in the criminal proceeding.

(Adopted April 20, 1981, eff. Jan. 1, 1982. Amended Oct. 15, 1981, eff. Jan. 1, 1982; May 30, 1995, eff. Jan. 1, 1996.)
Committee Note – 1982
Paragraph (a) is new.
Compare: Rule 51.06(a)
Paragraph (b) is new.
Compare: Rule 51.03(c), Rule 51.04(c) and Rule 51.05(c).
Paragraph (c) is new.
Compare: Rule 51.06(b) and prior Rule 30.13.
Paragraph (d) is new.
Compare: Rule 51.06(b).