Wash. Rev. Code » Title 10 · Chapter 10.25
Revised Code of Washington

Wash. Rev. Code § 10.25.070 (2026)

✓ current as of May 2026
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The defendant may show to the court, by affidavit, that he or she believes he or she cannot receive a fair trial in the county where the action is pending, owing to the prejudice of the judge, or to excitement or prejudice against the defendant in the county or some part thereof, and may thereupon demand to be tried in another county. The application shall not be granted on the ground of excitement or prejudice other than prejudice of the judge, unless the affidavit of the defendant be supported by other evidence, nor in any case unless the judge is satisfied the ground upon which the application is made does exist.
[ 2010 c 8 s 1017; 1891 c 28 s 7; Code 1881 s 1072; 1854 p 117 s 98; RRS s 2018.]
Notes of Decisions
Cited in 6 cases, 1960–1992 · leading case: State v. Palmer, 487 P.2d 627 (Wash. Ct. App. 1971).
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State v. Palmer, 487 P.2d 627 (Wash. Ct. App. 1971). · cites it 4× “070, nor does he advance any constitutional or other legal justification for failure to file an affidavit in support of his claim of prejudice. Instead, he simply argues that the court erred in refusing to disqualify himself by reason of what defendant asserts is the court’s…”
State v. Beck, 349 P.2d 387 (Wash. 1960). · cites it 2× “The procedure for a change of venue is set forth in RCW 10.25.070, which reads as follows: "The defendant may show to the court, by affidavit, that he believes he cannot receive a fair trial in the county where the action is pending, owing to the prejudice of the judge, or to…”
State v. Ryncarz, 826 P.2d 1101 (Wash. Ct. App. 1992). “Ryn-carz shot Mr. Campbell's parked vehicle with his shotgun.”
State v. Sayward, 387 P.2d 746 (Wash. 1963). “The motion would seem to have been made upon the basis of RCW 10.25.070. The procedure in the statute requiring an affidavit of defendant and supporting evidence of local prejudice was not followed.”
State v. Valenzuela, 454 P.2d 199 (Wash. 1969). “RCW 10.25.070 Change of venue—Procedure. The defendant may show to the court, by affidavit, that he believes he cannot receive a fair trial in the county where the action is pending, owing to the prejudice of the judge, or to excitement or prejudice against the defendant in the…”
State v. Mahaffey, 478 P.2d 787 (Wash. Ct. App. 1970). “The right to a change of venue on the ground that a fair trial cannot be had in the county where the action is pending is provided by RCW 10.25.070. The denial of a motion for a change of venue will not be disturbed on appeal unless it is established that there was a manifest…”
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