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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.
Horner and his attorneys filed a motion in Wise County to change his capital murder trial venue to another location, citing the high level of publicity surrounding the case.
Venue is concerned with the geographical location of the court where a lawsuit is commenced. However, unlike personal jurisdiction, there is no constitutional requirement for proper venue in order to have a valid judgment. The general venue statute for United States federal courts is 28 U.S.C. § 1391 with special rules listed in §§ 1392-1413.
A more typical finding is seen in Swindler v. State, [34] a 1991 case from Arkansas that upheld the death penalty and rejected challenges to jury bias and change of venue motion where three jurors were seated who had read and heard about the case, and over 80% of the jurors called were excused for cause. Extensive case law is discussed.
Shelby County Judge Lee Coffee on Wednesday denied a change of venue motion filed by Juni Ganguli, the lawyer for Cleotha Abston, news outlets reported. Ganguli argued that Abston could not get a ...
Under the Federal Rules of Civil Procedure, the two are not separate motions, the JNOV motion is simply a renewed Rule 50(a) motion. A renewed 50(a) motion must be filed within 28 days of verdict entry. Rule 50 also covers motions for a new trial. These motions can be granted, denied, conditionally granted, or conditionally denied.
Forum non conveniens (FNC; Latin for 'an inconvenient forum') [1] [2] [3] is a mostly common law legal doctrine through which a court acknowledges that another forum or court where the case might have been brought is a more appropriate venue for a legal case, and dismisses the case.
The timing for the filing of a motion objecting to venue depends on the level of court in which the case has been brought. An objection to venue in the Virginia Circuit Court must be filed (actually physically received in the clerk's office) within 21 days of service of process, absent a general extension of time from the court to file a responsive pleading.
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