State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-133

§15A‑133.  Waiver of venue; motion for change of venue; indictment may bereturned in other county.

(a)        A waiver of venuemust be in writing and signed by the defendant and the prosecutor indicatingthe consent of all parties to the waiver. The waiver must specify what stagesof the proceedings are affected by the waiver, and the county to which venue ischanged. If the venue is to be laid in a county in another prosecutorialdistrict, the consent in writing of the prosecutor in that district must be filedwith the clerks of both counties.

(b)        Repealed by SessionLaws 1989, c. 688, s. 2.

(c)        Motions for changeof venue by the defendant are made under G.S. 15A‑957. If venue is laidin a county in another prosecutorial district by order of the judge ruling onthe motion, no consent of any prosecutor is required.

(d)        If venue is changedto a county in another prosecutorial district, whether upon waiver of venue orby order of a judge, the prosecutor of the prosecutorial district where thecase originated must prosecute the case unless the prosecutor of the districtto which venue has been changed consents to conduct the prosecution.

(e)        If venue ischanged, whether upon waiver of venue or by order of a judge, the grand jury inthe county to which venue has been transferred has the power to return anindictment in the case. If an indictment has already been returned before thechange of venue, no new indictment is necessary and prosecution may be had inthe new county under the original indictment. (1921, c. 12, ss. 1, 2; C.S.,ss. 4606(a), 4606(b); 1973, c. 1286, s. 1; 1975, c. 166, s. 27; 1987 (Reg.Sess., 1988), c. 1037, s. 54; 1989, c. 688, s. 2.)