This form is an official State of New York Family Court sample form, a detailed Order on Motion for Change of Venue. Available for download in Wordperfect, and Adobe pdf formats.
The Nassau New York Order on Motion for Change of Venue is a legal procedure that allows for the transfer of a court case from one jurisdiction to another within Nassau County, New York. Typically, a change of venue is sought when either party believes that a fair trial cannot be conducted in the current jurisdiction due to various reasons such as biased media coverage, community prejudice, or concerns about the availability of impartial jurors. There are primarily two types of Nassau New York Orders on Motion for Change of Venue: 1. Civil Cases: This type of motion is applicable in civil cases when one party believes that the current venue would not provide a fair and unbiased trial. The party seeking a change of venue must submit a motion to the court, providing valid reasons supporting the request. These reasons may include extensive media coverage, substantial local bias, or inability to secure an impartial jury. If the court finds the motion credible, it will issue an order allowing the case to be transferred to a different jurisdiction within Nassau County. 2. Criminal Cases: Similar to civil cases, a Nassau New York Order on Motion for Change of Venue can also be sought in criminal cases. When a defendant believes that they cannot receive a fair trial due to pretrial publicity or other factors that may influence the jury's judgment, they can submit a motion to the court requesting a change of venue. The court will evaluate the motion, considering factors such as the nature and extent of media coverage, community sentiment, and the availability of an impartial jury. If the motion is granted, the case will be transferred to another jurisdiction within Nassau County where a fair and unbiased trial can be conducted. In both types of motions, it is crucial for the party seeking a change of venue to provide compelling evidence supporting their claim to convince the court that the current jurisdiction is not suitable for a fair trial. The judge's decision on whether to grant or deny the motion will depend on the strength of the arguments presented and the assessment of the potential impact these external factors may have on the case. Overall, the Nassau New York Order on Motion for Change of Venue is an essential legal mechanism that ensures the right to a fair trial by allowing court cases to be transferred to jurisdictions where impartiality can be guaranteed.The Nassau New York Order on Motion for Change of Venue is a legal procedure that allows for the transfer of a court case from one jurisdiction to another within Nassau County, New York. Typically, a change of venue is sought when either party believes that a fair trial cannot be conducted in the current jurisdiction due to various reasons such as biased media coverage, community prejudice, or concerns about the availability of impartial jurors. There are primarily two types of Nassau New York Orders on Motion for Change of Venue: 1. Civil Cases: This type of motion is applicable in civil cases when one party believes that the current venue would not provide a fair and unbiased trial. The party seeking a change of venue must submit a motion to the court, providing valid reasons supporting the request. These reasons may include extensive media coverage, substantial local bias, or inability to secure an impartial jury. If the court finds the motion credible, it will issue an order allowing the case to be transferred to a different jurisdiction within Nassau County. 2. Criminal Cases: Similar to civil cases, a Nassau New York Order on Motion for Change of Venue can also be sought in criminal cases. When a defendant believes that they cannot receive a fair trial due to pretrial publicity or other factors that may influence the jury's judgment, they can submit a motion to the court requesting a change of venue. The court will evaluate the motion, considering factors such as the nature and extent of media coverage, community sentiment, and the availability of an impartial jury. If the motion is granted, the case will be transferred to another jurisdiction within Nassau County where a fair and unbiased trial can be conducted. In both types of motions, it is crucial for the party seeking a change of venue to provide compelling evidence supporting their claim to convince the court that the current jurisdiction is not suitable for a fair trial. The judge's decision on whether to grant or deny the motion will depend on the strength of the arguments presented and the assessment of the potential impact these external factors may have on the case. Overall, the Nassau New York Order on Motion for Change of Venue is an essential legal mechanism that ensures the right to a fair trial by allowing court cases to be transferred to jurisdictions where impartiality can be guaranteed.