Mississippi Code
Miss. Code Ann. § 99-15-35 (2026)
Change of venue; how need shown; grounds
✓ current as of July 2026
On satisfactory showing, in writing, sworn to by the prisoner, made to the court, or to the judge thereof in vacation, supported by the affidavits of two or more credible persons, that, by reason of prejudgment of the case, or grudge or ill will to the defendant in the public mind, he cannot have a fair and impartial trial in the county where the offense is charged to have been committed, the circuit court, or the judge thereof in vacation, may change the venue in any criminal case to a convenient county, upon such terms, as to the costs in the case, as may be proper.
Codes, Hutchinson's 1848, ch. 65, art. 6; 1857, ch. 64, art. 298; 1871, § 2762; 1880, § 3061; 1892, § 1411; 1906, § 1484; Hemingway's 1917, § 1242; 1930, § 1265; 1942, § 2508.
Notes of Decisions
Cited in 58
cases (3 in the last 5 years), 1985–2024 · leading case: Hoops v. State, 681 So. 2d 521 (Miss. 1996).
Hoops v. State, 681 So. 2d 521 (Miss. 1996). “Miss. Code Ann. § 99-15-35 ; Porter, 616 So.”
Gray v. State, 728 So. 2d 36 (Miss. 1998). “Gray filed his motion for change of venue, accompanied by two affidavits as required by Miss.Code Ann. § 99-15-35 (1994), from Donna Cumberland and Marie Evans.”
Evans v. State, 725 So. 2d 613 (Miss. 1997). “Pursuant to Miss.Code Ann. § 99-15-35 (1972), proper application requires a written motion supported by affidavits of two or more witnesses showing that the defendant cannot have a fair and impartial trial in the particular county because of prejudgment of the case or grudge or…”
Neal v. State, 15 So. 3d 388 (Miss. 2009). “Miss.Code Ann. § 99-15-35 (Rev.2007). "[T]he defendant is required to make some showing by testimony of local citizens that he cannot receive a fair trial in the community.”
Cox v. State, 183 So. 3d 36 (Miss. 2016). “1998) (citing Miss. Code Ann. § 99-15-35 ). If the defendant presents two affidavits declaring that the defendant cannot receive a fair trial, then a rebuttable presumption is raised.”
Byrom v. State, 863 So. 2d 836 (Miss. 2003). “Miss.Code Ann. § 99-15-35 (Rev.2000). See also Gray v.”
Porter v. State, 616 So. 2d 899 (Miss. 1993). “Pursuant to Miss. Code Ann. § 99-15-35 (1972), proper application requires a written motion supported by affidavits of two (2) or more *906 witnesses showing that the defendant cannot have a fair and impartial trial in the particular county because of prejudgment of the case or…”
Havard v. State, 94 So. 3d 229 (Miss. 2012). “Miss.Code Ann. § 99-15-35 (Rev.2007). . Byrom, 863 So.”
Grayson v. State, 806 So. 2d 241 (Miss. 2001). “Pursuant to Miss.Code Ann. § 99-15-35 (2000), a defendant who files a proper application for a change of venue which is supported by two or more affidavits stating that the defendant cannot receive a fair and impartial trial in that particular county is entitled to a presumption…”
Gray v. State, 799 So. 2d 53 (Miss. 2001). “The trial court determined that Viola had filed the required affidavits pursuant to Miss.Code Ann. § 99-15-35 (2000). ¶ 37. The State then had the burden of rebutting the presumption.”
Baldwin v. State, 732 So. 2d 236 (Miss. 1999). “Mississippi's change of venue statute is found at Miss.Code Ann. § 99-15-35 (1994). It states: On satisfactory showing, in writing, sworn to by the prisoner, made to the court, or to the judge thereof in vacation, supported by the affidavits of two or more credible persons,…”
Mingo v. State, 944 So. 2d 18 (Miss. 2006). “It is also well accepted that an application for a change of venue must strictly conform to the statutory requirements of Miss.Code Ann. § 99-15-35 (Rev.2000) which requires that the motion be in writing, and supported by the affidavits of two or more credible persons.”
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