Rule 4.151. Motion for change of venue
Cal. Rules of Court, rule 4.151
Current text effective January 1, 2007.
#(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.
(Subd (a) amended effective January 1, 2007; adopted effective January 1, 2006; formerly part of an unlettered subd.)
#(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.
(Subd (b) adopted effective January 1, 2006.)
#History
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.
What this rule requires
Filing Timing and Cure Windows
Except for good cause shown, the motion must be filed at least 10 days before the date set for trial
At the hearing counterdeclarations may be filed.
Service and Proof of Service Rules
with a copy served on the adverse party at least 10 days before the hearing.
Document Filing Requirements
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.
Official text: courts.ca.gov , checked October 19, 2026.
#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.