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Fla. R. Crim. P. 3.240

Change of Venue

activein force · 2026-07-13 – presentact-effective-date

(a) Grounds for Motion. The state or the defendant may

move for a change of venue on the ground that a fair and impartial

trial cannot be had in the county where the case is pending for any

reason other than the interest and prejudice of the trial judge.

(b) Contents of Motion. Every motion for change of venue

shall be in writing and be accompanied by:

(1) affidavits of the movant and 2 or more other

persons setting forth facts on which the motion is based; and

(2) a certificate by the movant’s counsel that the

motion is made in good faith.

(c) Time for Filing. A motion for change of venue shall be

filed no less than 10 days before the time the case is called for trial

unless good cause is shown for failure to file within such time.

(d) Action on Motion. The court shall consider the affidavits

filed by all parties and receive evidence on every issue of fact

necessary to its decision. If the court grants the motion it shall

make an order removing the cause to the court having jurisdiction

to try such offense in some other convenient county where a fair

and impartial trial can be had.

(e) Defendant in Custody. If the defendant is in custody,

the order shall direct that the defendant be forthwith delivered to

the custody of the sheriff of the county to which the cause is

removed.

(f) Transmittal of Documents. The clerk shall docket the

order of removal and transmit to the court to which the cause is

removed a certified copy of the order of removal and of the record

and proceedings and of the undertakings of the witnesses and the

accused.

(g) Attendance by Witnesses. When the cause is removed

to another court, witnesses who have been lawfully subpoenaed or

ordered to appear at the trial shall, on notice of such removal,

attend the court to which the cause is removed at the time specified

in the order of removal. A witness who refuses to obey a duly served

subpoena may be adjudged in contempt of court.

(h) Multiple Defendants. If there are several defendants and

an order is made removing the cause on the application of 1 or

more but not all of them, the other defendants shall be tried and all

proceedings had against them in the county in which the cause is

pending in all respects as if no order of removal had been made as

to any defendant.

(i) Action of Receiving Court. The court to which the

cause is removed shall proceed to trial and judgment therein as if

the cause had originated in that court. If it is necessary to have any

of the original pleadings or other documents before that court, the

court from which the cause is removed shall at any time on

application of the prosecuting attorney or the defendant order such

documents or pleadings to be transmitted by the clerk, a certified

copy thereof being retained.

(j) Prosecuting Attorney’s Obligation. The prosecuting

attorney of the court to which the cause is removed may amend the

information, or file a new information. Any such new information

shall be entitled in the county to which the cause is removed, but

the allegations as to the place of commission of the crime shall refer

to the county in which the crime was actually committed.

History

Committee Notes 1968 Adoption. (a) through (d) substantially same as sections 911.02 through 911.05, Florida Statutes. Language is simplified and requirement pertaining to cases in criminal courts of record that removal be to adjoining county is omitted. Modern communications and distribution of television and press makes old requirements impractical. Designation of county left to discretion of the trial judge. (e) through (i) same as corresponding sections 911.06 through 911.10, Florida Statutes. 1972 Amendment. Same as prior rule.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
b942380ca39c9f912c04c37ea3fc1e8a3d2b868e8a7195b441e8ff278a365275
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Fla. R. Crim. P. 3.240 — Change of Venue · binding.law