RULE 3.240. CHANGE OF VENUE

(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.

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.

IX. THE TRIAL