(1) The place of trial may be changed:
(a) When a fair trial cannot take place in the county or district in which the trial is pending; or
(b) When a more expeditious trial may be had by a change in the place of trial from one county to another; or
(c) When the parties stipulate to a change in the place of trial to another county in the same judicial district or to a county in an adjoining judicial district.
Source: L. 72: R&RE, p. 218, § 1. C.R.S. 1963: § 39-6-101.
Cross references: For the place of trials, see § 18-1-202 and Crim. P. 18.
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 1981–2026 · leading case:
98, People v. West, 2019 COA 131 (Colo. Ct. App. 2019).
98, People v. West, 2019 COA 131 (Colo. Ct. App. 2019).
· cites it 2× “§ 16-6-101, C.R.S. 2018; see Keohane v. Wilkerson, 859 P.”
People v. Dore, 997 P.2d 1214 (Colo. Ct. App. 1999).
· cites it 3× “Section 16-6-101(a), C.R.S.1998, provides for a change of venue “when a fair trial cannot take place in the county or district in which the trial is pending.”
Wafai v. People, 750 P.2d 37 (Colo. 1988).
· cites it 7× “The defendant also contends that the change of venue violated the Colorado Constitution, Article II, Section 16, which states in relevant part that “[i]n criminal prosecutions the accused shall have the right to .”
People v. Harlan, 8 P.3d 448 (Colo. 2000).
“See § 16-6-101, 6 C.R.S. (1999); Crim. P. 21(a)(1) ("The place of trial may be changed when the court in its sound discretion determines that a fair or expeditious trial cannot take place in the county or district in which the trial is pending.”
People v. Reed, 132 P.3d 347 (Colo. 2006).
· cites it 2× “2 A criminal court also has the discretion to order a change of venue when adequate grounds are presented by the motion of a party, § 16-6-101, C.R.S. (2006); Crim. P. 21, or whenever it is necessary to obtain an impartial jury, Wafai, 750 P.”
People v. Wafai, 713 P.2d 1354 (Colo. Ct. App. 1986).
· cites it 2× “Sections 16-6-101 through 16-6-104, C.R.S.”
People v. Valdez, 928 P.2d 1387 (Colo. Ct. App. 1996).
· cites it 2× “Thus, while venue was later changed to Costilla County, on defendant's motion, for the convenience of parties and witnesses, see § 16-6-101, et seq., C.R.S. (1986 Repl.Vol.”
People v. Shackley, 248 P.3d 1204 (Colo. 2011).
· cites it 5× “[3] Because Shackley presented no other grounds for transferring venue under section 16-6-101 or Crim. P. 21, and venue was otherwise proper under section 18-1-202(1), the trial court erred by transferring the case to Adams County.”
People v. Botham, 629 P.2d 589 (Colo. 1981).
“Sections 16-6-101 and 16-6-102, C.R.S.1973 (1978 Repl.”
Peo v. Montoya (Colo. Ct. App. 2026).
· cites it 2× “21(a)(1); accord § 16-6-101(1)(a), C.R.S. 2025. “In the absence of such grounds,” a court may not transfer venue.”
Colo. Rev. Stat. § 16-6-101(1)(a): 1 case
Peo v. Montoya (Colo. Ct. App. 2026).
“21(a)(1); accord § 16-6-101(1)(a), C.R.S. 2025. “In the absence of such grounds,” a court may not transfer venue.”
Colo. Rev. Stat. § 16-6-101(a): 2 cases
People v. Dore, 997 P.2d 1214 (Colo. Ct. App. 1999).
“Section 16-6-101(a), C.R.S.1998, provides for a change of venue “when a fair trial cannot take place in the county or district in which the trial is pending.”
People v. Shackley, 248 P.3d 1204 (Colo. 2011).
“[3] Because Shackley presented no other grounds for transferring venue under section 16-6-101 or Crim. P. 21, and venue was otherwise proper under section 18-1-202(1), the trial court erred by transferring the case to Adams County.”
Colo. Rev. Stat. § 16-6-101(c): 1 case
People v. Shackley, 248 P.3d 1204 (Colo. 2011).
“[3] Because Shackley presented no other grounds for transferring venue under section 16-6-101 or Crim. P. 21, and venue was otherwise proper under section 18-1-202(1), the trial court erred by transferring the case to Adams County.”
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