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Change of Venue Survey

Assessing Bias to Inform Critical Venue Decisions.

Juror prejudices due to pre-trial publicity or pre-existing community attitudes often make it necessary to seek to move the location of a trial. The purpose of a venue survey is to collect evidence for possible presentation to a court relevant to the question of whether there is a reasonable likelihood that a fair trial cannot be had in the original trial jurisdiction.

Exposure to inaccurate, inadmissible, and/or generally anti-litigant pretrial publicity leads jurors to: a) interpret trial evidence in ways that are consistent with the pretrial publicity and, during deliberations, to discuss ambiguous trial evidence in ways that align with the pretrial publicity, b) view litigants and their attorneys as less credible and overall more negatively, and c) ultimately decide a case in a way that aligns with that pretrial publicity. Thus, a change of venue is likely the only remedy and safeguard that is able to overcome the limitations and challenges that all other traditional court remedies encounter.

A change of venue survey is specifically designed to measure community bias and prejudice in preparation for a motion for transfer/change in venue. Using quantitative research from jury-eligible individuals in the trial venue, Focus Litigation Consulting will provide a reliable, empirically based venue survey, analysis of the results, and an accompanying written report, declaration, and/or affidavit of the survey data.
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