Washington Code 3.66.090 – Change of venue
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A change of venue may be allowed upon motion:
Terms Used In Washington Code 3.66.090
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Venue: The geographical location in which a case is tried.
(1) Where there is reason to believe that an impartial trial cannot be had in the district or municipal court in which the action was commenced; or
(2) Where the convenience of witnesses or the ends of justice would be forwarded by the change.
When such change is ordered, it shall be to the district court of another district in the same county, if any, otherwise to the district court of an adjacent district in another county: PROVIDED, That where an affidavit of prejudice is filed against a judge of a municipal court the cause shall be transferred to another department of the municipal court, if one exists, otherwise to a judge pro tempore appointed in the manner prescribed by law. The court to which a case is removed on change of venue under this section shall have the same jurisdiction, either civil or criminal to hear and determine the case as the court from which the case was removed.
NOTES:
Court Improvement Act of 1984—Effective dates—Severability—Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1967 c 241: “The provisions of this 1967 amendatory act shall apply only to those cities as to which the law requires that the judge be a qualified attorney.” [ 1967 c 241 § 10.]