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 N.C. Gen. Stat. § 7A-60 or to another county in an adjoining prosecutorial district as defined in N.C. Gen. Stat. § 7A-60, or

(2)        Order a special venire under the terms of N.C. Gen. Stat. § 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.)

Terms Used In North Carolina General Statutes 15A-957

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Venue: The geographical location in which a case is tried.