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Legal Definitions - change of venue
Definition of change of venue
A change of venue is a legal procedure where a court case is moved from one geographic location to another court within the same judicial system. This transfer typically occurs when it is determined that the original location is not suitable for a fair trial, either because of strong local biases that could unfairly influence a jury, or because another location would be more practical and convenient for all parties involved in the case.
Here are some examples:
Example 1: High-Profile Criminal Case
Imagine a small, close-knit town where a prominent local business owner is accused of a serious crime. The incident has been the subject of intense local media coverage, community discussions, and even public protests, with many residents openly expressing strong opinions about the defendant's guilt or innocence. The defense attorney might argue that it would be impossible to select an impartial jury from the local population due to the widespread public sentiment and pre-trial publicity.
How it illustrates the term: In this scenario, the defense would likely file a motion for a change of venue. If granted, the trial would be moved to a different county or judicial district, often a larger metropolitan area, where it would be easier to find jurors who have not been exposed to the same level of local prejudice and media saturation, thereby ensuring a fairer trial.
Example 2: Civil Lawsuit for Convenience
Consider a civil lawsuit involving a dispute between a software company based in Seattle and a client located in Miami. However, the contract at the heart of the dispute was negotiated and signed in Denver, and most of the key witnesses, including the project managers, developers, and relevant documents, are located at the company's development office in Austin, Texas. The lawsuit was initially filed in Miami.
How it illustrates the term: Either party could request a change of venue to Austin. While Miami might technically be a permissible location, Austin would be a more "sensible location" for the trial. Moving the case there would significantly reduce travel costs, logistical challenges, and inconvenience for the majority of witnesses and evidence, making the legal process more efficient and less burdensome for everyone involved.
Simple Definition
A change of venue is the transfer of a court case from one geographic location to another court within the same judicial system. This typically occurs to ensure a fair trial, such as by minimizing local prejudice, or to secure a more convenient and sensible location for the proceedings.