Which grounds may a court rely on to change venue?

• A. Improperly placed venue
• B. An impartial trial cannot be had in the proper county
• C. Convenience of material witnesses and the ends of justice will be promoted by change
• D. All of the above

Answer: (D)

The key idea is that a court can change the place of trial when there are good reasons to move it to another county. In New York, grounds for changing venue include three main situations. First, if the venue is improper, the case should be brought in a proper county, and the court can transfer accordingly. Second, even with a proper venue, an impartial trial cannot be had in that county if there is substantial prejudice or local bias that would prevent a fair proceeding. Third, the change can be granted to promote the convenience of material witnesses or for the ends of justice, meaning shifting the trial to a county where the witnesses are more accessible and the overall fairness and efficiency of the proceeding are better served. Because all of these bases are recognized, a court may grant a change of venue for any one of them, or for multiple together.