First Adopted: April 20, 1981
Most Recently Effective: January 01, 1996
Rule 32 | Rules of Criminal Procedure | Misdemeanors or Felonies – Venue Including Change of Venue and Change of Judge – Disability of Judge
32.04 | Misdemeanors or Felonies – Change of Venue from Inhabitants for Cause – Procedure
(a) Upon written application of the defendant, a change of venue may be ordered in any criminal proceeding triable by jury for the following reasons:
(1) that the inhabitants of the county are prejudiced against the defendant; or
(2) that the state has an undue influence over the inhabitants of the county.
(b) In felony and misdemeanor cases the application must be filed not later than ten days after the initial plea is entered.
(c) A copy of the application and a notice of the time when it will be presented to the court shall be served on all parties.
(d) The application shall set forth the reason or reasons for the change of venue. It need not be verified but shall be signed by the defendant or the defendant's attorney.
(e) The state, within ten days after the filing of the application for a change of venue, may file a denial of the existence of the reason or reasons alleged in the application. Such denial need not be verified. If a denial is filed, the court shall hear evidence and determine the issues. If the issues are determined in favor of the defendant, or if the truth of the grounds alleged is within the knowledge of the court, or if no denial is filed, a change of venue shall be ordered to some other county convenient to the parties and where the reason or reasons do not exist. The court may enlarge the time for filing a denial as provided in Rule 20.01(b). In lieu of transferring the case to another county, the court may secure a jury from another county as provided by law.
Committee Note – 1982
Paragraph (a) is new. Compare: Rule 51.04(a), prior Rule 30.01 and prior Rule 30.04.
Paragraph (b) is new. Compare: Rule 51.04(b), prior Rule 30.03 and prior Rule 30.04.
Paragraph (c) is new Compare: Rule 51.04(c)
Paragraph (d) is new. Compare: Rule 51.04(d), prior Rule 30.02 and prior Rule 30.04.
Paragraph (e) is new. Compare: Rule 51.04(e) and prior Rule 30.04.
(Adopted April 20, 1981, effective January 1, 1982. Amended June 16, 1989, effective January 1, 1990; amended December 21, 1993, effective January 1, 1995; amended May 30, 1995, effective January 1, 1996.)