NC General Statutes
N.C. Gen. Stat. § 15A-957 (2026)
Motion for change of venue
✓ current as of July 2026
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If, upon motion of the defendant, the court determines that there exists in the county in which the prosecution is pending so great a prejudice against the defendant that he cannot obtain a fair and impartial trial, the court must either:
(1) Transfer the proceeding to another county in the prosecutorial district as defined in G.S. 7A-60 or to another county in an adjoining prosecutorial district as defined in G.S. 7A-60, or
(2) Order a special venire under the terms of G.S. 15A-958.
The procedure for change of venue is in accordance with the provisions of Article 3 of this Chapter, Venue. (1973, c. 1286, s. 1; 1987 (Reg. Sess., 1988), c. 1037, s. 63.)
§ 15A-958. Motion for a special venire from another county.
Upon motion of the defendant or the State, or on its own motion, a court may issue an order for a special venire of jurors from another county if in its discretion it determines the action to be necessary to insure a fair trial. The procedure for securing this special venire is governed by G.S. 9-12. (1973, c. 1286, s. 1.)
Notes of Decisions
Cited in 72
cases, 1976–2019 · leading case: State v. Golphin, 533 S.E.2d 168 (N.C. 2000).
State v. Golphin, 533 S.E.2d 168 (N.C. 2000). “Specifically, Kevin argues there are only two statutory mechanisms for changing venue — by order of the court pursuant to N.C.G.S. §§ 15A-957 and -958, or by an agreement of the parties pursuant to N.”
State v. Barnes, 481 S.E.2d 44 (N.C. 1997). “Motions for change of venue are governed by N.C.G.S. § 15A-957, which provides in pertinent part: If, upon motion of the defendant, the court determines that there exists in the county in which the prosecution is pending so great a prejudice against the defendant that he cannot…”
State v. Robinson, 561 S.E.2d 245 (N.C. 2002). “The applicable statutory requirements for a change of venue or special venire are codified in N.C.G.S. § 15A-957, which provides in part: *327 If, upon motion of the defendant, the court determines that there exists in the county in which the prosecution is pending so great a…”
State v. Hunt, 373 S.E.2d 400 (N.C. 1988). “N.C.G.S. § 15A-957 provides, in pertinent part: If, upon motion of the defendant, the court determines that there exists in the county in which the prosecution is pending so great a prejudice against the defendant that he cannot obtain a fair and impartial trial, the court must…”
State v. Prevatte, 570 S.E.2d 440 (N.C. 2002). “N.C.G.S. § 15A-957 (2001). We agree that the trial court found that defendant failed to present a sufficient showing of prejudice to change venue, but we disagree that the trial court lacked the inherent authority, in its discretion, to change venue.”
State v. Wallace, 528 S.E.2d 326 (N.C. 2000). “N.C.G.S. § 15A-957, which governs motions for change of venue, provides: If, upon motion of the defendant, the court determines that there exists in the county in which the prosecution is pending so great a prejudice against the defendant that he cannot obtain a fair and…”
State v. Trull, 509 S.E.2d 178 (N.C. 1998). “N.C.G.S. § 15A-957 provides that if “the court determines that there exists in the county in which the prosecution is pending so great a prejudice against the defendant that he cannot obtain a fair and impartial trial, the court must either” transfer the proceeding to another…”
State v. Soyars, 418 S.E.2d 480 (N.C. 1992). “The relevant statute regarding motions for change of venue states: If, upon motion of the defendant, the court determines that there exists in the county in which the prosecution is pending so great a prejudice against the defendant that he cannot obtain a fair and impartial…”
State v. Rose, 451 S.E.2d 211 (N.C. 1994). “N.C.G.S. § 15A-957 (1988). The test for determining whether a change of venue should be granted due to pretrial publicity is whether “there is a reasonable likelihood that the defendant will not receive a fair trial.”
State v. Walters, 588 S.E.2d 344 (N.C. 2003). “First, defendant did not move for change of venue prior to trial as required under N.C.G.S. § 15A-957. Pursuant to N.C.G.S. § 15A-952, a motion for change of venue must be made prior to trial, unless the trial court, in its discretion, permits the motion to be filed at a later…”
State v. Barfield, 259 S.E.2d 510 (N.C. 1979). “On 19 April 1978 defendant moved for a change of venue to the western part of the state pursuant to G.S. 15A-957. She contended that she would be unable to secure a fair and impartial trial in Robeson County because of extensive pretrial publicity.”
State v. Abbott, 358 S.E.2d 365 (N.C. 1987). “N.C.G.S. § 15A-957 provides in part: If, upon motion of the defendant, the court determines that there exists in the county in which the prosecution is pending so great a prejudice against the defendant that he cannot obtain a fair and impartial trial, the court must either: (1)…”
— N.C. Gen. Stat. § 15A-957(1) — 2 cases
State v. Barnes, 481 S.E.2d 44 (N.C. 1997). “Motions for change of venue are governed by N.C.G.S. § 15A-957, which provides in pertinent part: If, upon motion of the defendant, the court determines that there exists in the county in which the prosecution is pending so great a prejudice against the defendant that he cannot…”
State v. Prevatte, 570 S.E.2d 440 (N.C. 2002). “N.C.G.S. § 15A-957 (2001). We agree that the trial court found that defendant failed to present a sufficient showing of prejudice to change venue, but we disagree that the trial court lacked the inherent authority, in its discretion, to change venue.”
— N.C. Gen. Stat. § 15A-957(2) — 1 case
State v. Kyle, 430 S.E.2d 412 (N.C. 1993).
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