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An attorney can only make a motion for a change of venue if he believes that there has been so much local debate that it would be impossible to find a jury that has not in some way already formed an opinion on the case. It's up to the presiding judge to move the case if he believes the attorney's argument. And the case would only be moved a few towns up the freeway...you wouldn't have a New York trial moved to Los Angeles.

I'm not sure about "prematurely" though. It seems to me that if you were dealing with a high-profile case in a small community it would be pretty obvious pretty early whether or not everyone in town had an opinion one way or another, But, given the sheer number of trials in this country, I'd think the number that actually get moved would be a very very small percentage.

Phil

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Q: Can a attorney change venue prematurely if he believes he will lose the case in court?
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