Rule 32.09 Misdemeanors or Felonies - Only One Change of Venue or Change of Judge Granted to Same Party - Exception
Disability of Judge
Rule Text
(a) Neither the state nor any defendant shall be allowed more than one change of judge in any criminal proceeding except that the exercise of an application for change of judge prior to the preliminary examination shall not prohibit a party from filing another application for change of judge if the defendant is held to answer for the charge.
(b) No defendant shall be allowed more than one change of venue under Rules 32.01 through 32.09, inclusive.
(c) However, nothing contained in Rules 32.01 through 32.09, inclusive, shall prohibit a judge from ordering a change of venue or change of judge when fundamental fairness so requires or pursuant to Rule 32.10.
Committee Note – 1982
Paragraph (a) is new.
Compare: Rule 51.05(d) and prior Rule 30.12.
Paragraph (b) is new.
Compare: Rule 51.04(f) and prior Rule 30.07.
Paragraph (c) is new.
Amendment history: (Adopted April 20, 1981, eff. Jan. 1, 1982. Amended May 30, 1995, eff. Jan. 1, 1996.)