Section 621 – Motion; form; time for filing

May 13, 2021 | Crimianl Procedure, Louisiana

A motion for a change of venue may be filed by either the state or the defendant. It shall be filed in accordance with Article 521; or thereafter, in the discretion of the court, any time before the first witness is sworn at the trial of the merits. The motion shall be in writing, sworn to by mover or his counsel, and shall contain:

(1) Allegations of fact upon which the motion is based; and
(2) A statement that the motion is not made for the purpose of delay, but to obtain a fair and impartial trial.

A contradictory hearing shall be held upon the motion.

La. Cr.P. § 621

Amended by Acts 1970, No. 291, §1; Acts 1978, No. 735, §2.