Cal. Rules of Court, rule 4.151 · Chapter 2. Change of Venue
Motion for change of venue
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) Motion procedure
A motion for change of venue in a criminal case under Penal Code section 1033 must be supported by a declaration stating the facts supporting the application. Except for good cause shown, the motion must be filed at least 10 days before the date set for trial, with a copy served on the adverse party at least 10 days before the hearing. At the hearing counterdeclarations may be filed.
(b) Policy considerations in ruling on motion
Before ordering a change of venue in a criminal case, the transferring court should consider impaneling a jury that would give the defendant a fair and impartial trial.
Notes and commentary — not rule text
History
(Subd (a) amended effective January 1, 2007; adopted effective January 1, 2006; formerly part of an unlettered subd.)
(Subd (b) adopted effective January 1, 2006.)
Rule 4.151 amended effective January 1, 2007; adopted as rule 841 effective March 4, 1972; previously amended and renumbered effective January 1, 2001; previously amended effective January 1, 2006.
Advisory Committee Comment
Rule 4.151(b) is not intended to imply that the court should attempt to impanel a jury in every case before granting a change of venue.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/four/rule4_151
- Text hash
- sha256 98d0ba6ef206e56cbd670024aab93c9f453e3eea67bf18d4447adc0c7c9483a0
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
This rule cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.