15A-957. Motion for change of venue.
If, upon motion of the defendant, the court determines that there exists in the county in which the prosecution is pending so great a prejudice against the defendant that he cannot obtain a fair and impartial trial, the court must either:
(1) Transfer the proceeding to another county in the prosecutorial district as defined in G.S. 7A-60 or to another county in an adjoining prosecutorial district as defined in G.S. 7A-60, or
(2) Order a special venire under the terms of G.S. 15A-958.
The procedure for change of venue is in accordance with the provisions of Article 3 of this Chapter, Venue. (1973, c. 1286, s. 1; 1987 (Reg. Sess., 1988), c. 1037, s. 63.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 15A - Criminal Procedure Act
Article 52 - Motions Practice.
§ 15A-951 - Motions in general; definition, service, and filing.
§ 15A-952 - Pretrial motions; time for filing; sanction for failure to file; motion hearing date.
§ 15A-953 - Motions practice in district court.
§ 15A-955 - Motion to dismiss Grounds applicable to indictments.
§ 15A-956 - Deferral of ruling on motion to dismiss when charge to be reinstituted.
§ 15A-957 - Motion for change of venue.
§ 15A-958 - Motion for a special venire from another county.
§ 15A-959 - Notice of defense of insanity; pretrial determination of insanity.