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. Bracketed 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.
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