First Adopted: April 20, 1981
Most Recently Effective: January 01, 2014
Rule 32 | Rules of Criminal Procedure | Misdemeanors or Felonies – Venue Including Change of Venue and Change of Judge – Disability of Judge
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.
Committee Note – 1982
Paragraph (a) is new. Compare: Rule 51.03(a), prior Rule 30.01, prior Rule 30.02, prior Rule 30.03 and prior Rule 30.04.
Paragraph (b) is new. Compare: Rule 51.03(b).
Paragraph (c) is new. Compare: Rule 51.03(c), prior Rule 30.01 and prior Rule 30.04.
The following application would be sufficient: "(Caption) Defendant requests a change of venue.
(Signature and address of attorney or defendants.)"
(Adopted April 20, 1981, effective January 1, 1982. Amended June 16, 1989, effective January 1, 1990; amended Dec. 21, 1993, effective January 1, 1995; amended May 30, 1995, effective January 1, 1996; amended June 20, 2013, effective January 1, 2014.)