A second change of venue shall not be allowed in any civil or criminal case, as a matter of right, but shall be within the discretion of the court.
History: Laws 1880, ch. 6, § 10; C.L. 1884, § 1834; C.L. 1897, § 2880; Code 1915, § 5572; C.S. 1929, § 147-107; 1941 Comp., § 19-505; 1953 Comp., § 21-5-5.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Standard of proof. — The parameters found in Section 38-3-3A(2) NMSA 1978 which indicate that a fair trial cannot be had, that apply to a first change of venue apply to a second change of venue. The trial court should apply a reasonable probability standard of proof when balancing conflicting claims regarding the likelihood of a fair trial in a particular venue. Proof of actual prejudice is not required. State v. House, 1999-NMSC-014, 127 N.M. 151, 978 P.2d 967, cert. denied, 528 U.S. 894, 120 S.Ct. 222, 145 L.Ed. 2d 186 (1999).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 77 Am. Jur. 2d Venue § 50.
Adequacy of defense counsel's representation of criminal client regarding venue and recusation matters, 7 A.L.R.4th 942.
92 C.J.S. Venue §§ 136, 211.