§ 16-88-204 - Application and issuance for order of removal.
16-88-204. Application and issuance for order of removal.
(a) (1) The application of the defendant for an order of removal shall be by petition setting forth the facts on account of which the removal is requested. The truth of the allegations in the petition shall be supported by the affidavits of two (2) credible persons who are qualified electors, actual residents of the county, and not related to the defendant in any way.
(2) Reasonable notice of the application shall be given to the prosecuting attorney.
(3) The court shall hear the application and, after considering the facts set forth in the petition and the affidavits accompanying it and any other affidavits or counter affidavits that may be filed and, after hearing any witnesses produced by either party, shall either grant or refuse the petition according to the truth of the facts alleged in it and established by the evidence.
(b) Every order for the removal of a criminal cause under the provisions of this subchapter shall state whether the order is made on the application of the party or on facts within the knowledge of the court or judge making the order, and shall specify the cause of removal, and designate the county to which the cause is to be removed.
(c) The order, if made in term time, shall be entered on the record of the proceedings of the court. If made by a judge in vacation, the order shall be in writing and be signed by the judge and shall be filed by the clerk with the petition, if any, as a part of the record.