452.220 Application by state or defendant, how made and determined.

237 words·~1 min read·/ky/chapter-452/452-220

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)If the application for change of venue is made by the state, a petition stating the

reasons therefor and signed by the Commonwealth's attorney shall be filed in court.

Reasonable notice of the time when the application will be made shall be given in

writing to the defendant or, if he is absent from the county, to his attorney.

(2)If the application is made by the defendant, it shall be made by petition in writing,

verified by the defendant, and by the filing of the affidavits of at least two

(2)other

credible persons, not kin to or of counsel for the defendant, stating that they are

acquainted with the state of public opinion in the county objected to, and that they

verily believe the statements of the petition for the change of venue are true. The

Commonwealth's attorney or, in his absence from the county, the county attorney

shall be given reasonable notice, in writing, of the application. If objections to all

the adjoining counties are made and sustained, the change shall be made to the

nearest county to which there is no valid objection, preference being given to

counties of the same judicial circuit.

(3)Applications under this section shall be made and determined in open court, and the

court shall hear all witnesses produced by either party and determine from the

evidence whether the defendant is entitled to a change of venue.