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§ 16-88-201. Removal for prejudice

Any criminal cause pending in any circuit court may be removed by the order of the court, or by the judge thereof in vacation, to the circuit court of another county whenever it shall appear, in the manner provided in this subchapter, that the minds of the inhabitants of the county in which the cause […]

§ 16-88-202. Removal as to several defendants

When there are several defendants in any indictment or criminal prosecution and the cause of the removal of the defendants exists only as to one (1) or more of them, the other defendants shall be tried and all proceedings had against them in the county in which the case is pending, in all respects as […]

§ 16-88-204. Application and issuance for order of removal

(a) (1) The application of the defendant for an order of removal shall be by petition setting forth the facts on account of which the removal is requested. The truth of the allegations in the petition shall be supported by the affidavits of two (2) credible persons who are qualified electors, actual residents of the […]

§ 16-88-205. Recognizance required for certain defendants

(a) When the order is made, the defendant, if not in custody and the offense charge is bailable, shall enter into recognizance with sufficient security for his or her appearance to answer the charges in the court to which the cause is to be removed, on the first day of the next term thereof, and […]

§ 16-88-206. Order to remove the bodies of certain defendants

(a) If the defendant is in actual custody, the court or judge granting the order of removal shall also make an order commanding the sheriff to remove the body of the defendant to the jail of the county into which the cause is to be removed and deliver the defendant to the keeper of the […]

§ 16-88-208. Notice of order of removal

(a) When the order of removal is made in term time, it shall be deemed a notice to every person who has entered into recognizance to appear at the term. (b) In all other cases, the notice shall be given in writing, signed by the prosecuting attorney or the clerk of the court, and be […]

§ 16-88-209. Transcript of records and proceedings

(a) Whenever any order shall be made for the removal of any cause under the provisions of this subchapter, the clerk of the court in which the cause is pending shall make out a full transcript of the records and proceedings in the cause, including the order of removal, the petition therefor, if any, and […]

§ 16-88-210. Attendance of defendant and witnesses required

The defendant and all witnesses, and others who shall have entered into recognizance to attend the trial of any cause, having notice of the removal thereof, shall be bound to attend at the time and place of trial in the county to which the cause is so removed. A failure to do so shall be […]

§ 16-88-211. Entitlement to forfeiture of bail

When any person shall be indicted in any county in this state and an order shall be made for a change of venue to any other county in this state, and the defendant has been admitted to bail and a forfeiture has been taken upon the bond and judgment rendered thereon by the court of […]

§ 16-88-212. Costs and expenses of removal

The costs and expenses necessarily incurred in the removal of any cause under the provisions of this subchapter shall be adjusted and allowed by the court where the cause is tried and shall be taxed and collected as other costs in the cause.

§ 16-88-213. Liability of initial county for costs of trial

(a) Whenever a change of venue is taken in any cause from one county to another as provided by law, the county from which the change of venue is taken shall be liable for all costs for which counties are liable under existing laws, and the county to which the change of venue is taken […]

§ 16-88-214. Failure of clerk to perform duty

If any clerk of the circuit court shall neglect or refuse to perform any duty in relation to the removal of a cause enjoined on him or her by the provisions of §§ 16-88-201 — 16-88-210, 16-88-212, and 16-88-214, he or she shall forfeit and pay any sum not exceeding five hundred dollars ($500), to […]