Defending Military Members
Worldwide Since 1973

Motion To Change The Location Of Trial

The Constitutional requirement that the trial of a crime occur in the district in which the crime was committed does not apply in the military. Chenoweth v Van Arsdall, 22 C.M.A. 183 (1973).

R.C.M. 906 (b)(11) provides that the “place of trial may be changed when necessary to prevent prejudice to the rights of the accused or for the convenience of the government if the rights of the accused are not prejudiced thereby.” The discussion section further clarifies that a change in a place of trial is necessary when there is “so great a prejudice against the accused that the accused cannot obtain a fair and impartial trial there, or to obtain compulsory process over an essential witness.” The location of the new trial is entirely at the discretion of the Convening Authority, unless a Military Judge orders the trial to be moved.

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