Section 102: Change of venue
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
102. Change of venue
(1) (a) Any Judge may, upon the application by or on behalf of the Director of Public Prosecutions, any District Magistrate or any private party to
any cause or matter, civil or criminal, pending before a District Court, order,
if he is satisfied that the interests of justice so require, that the venue of the
cause or matter be transferred from that District Court to any other District
Court.
(b) No change of venue shall be authorised if the trial of any cause
or matter has begun on the merits.
(2) Any Judge’s order under subsection (1) shall be subject to such conditions as the Judge thinks fit to impose and shall be final and conclusive.
(3) Any District Magistrate shall, on receiving notice of a Judge’s order
under subsection (1), stay all proceedings in relation to the cause or matter
referred to in the order and shall forward the original warrants, informations,
plaints, summonses, process or other documents before him to the District
Court to which the cause or matter has been transferred.
(4) The warrants, informations, plaints, summonses, process or documents forwarded to a District Court under subsection (3) shall be deemed to
have been issued, received or entered in the District Court to which they
have been forwarded.
[Issue 1] C54 – 26
Revised Laws of Mauritius
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Questions this section answers
- Can my case be moved to a different District Court if it is in the interests of justice?
- Can the venue of my case be changed once the trial has already started?