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A change of venue is the legal term for moving a trial to a new location. In high-profile matters, a change of venue may occur to move a jury trial away from a location where a fair and impartial jury may not be possible due to widespread publicity about a crime and its defendants to another community in order to obtain jurors who can be more objective in their duties.
There is reason to believe that courts do not generally grant a change of venue upon a reasonable likelihood of prejudice from pre-trial publicity. A showing of actual prejudice usually is required unless the state (prosecution) effectively concedes prejudice. [30] In the 1981 California case of Martinez v.
The court must balance convenience against the plaintiff's choice of forum. In other words, if the plaintiff's choice of forum was reasonable, the defendant must show a compelling reason to change jurisdiction. If a transfer would simply shift the inconvenience from one party to the other, the plaintiff's choice of forum should not be disturbed.
Venue and territorial jurisdiction are closely related for practical purposes. A change of venue may be sought either within the territorial jurisdiction of a court, or with the consent of the receiving jurisdiction and the parties, within the jurisdiction of another court, provided it has jurisdiction over the same laws.
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The defendant may invoke the removal jurisdiction of a federal court to take a claim out of the state court, request for a change of venue because the case was brought in the improper or inconvenient court within the jurisdiction, and move for forum non conveniens on the ground that the case was brought in an inappropriate forum based on the ...