Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
A change of venue request because venue is improper means that the removing defendant believes that the case may not be in that venue because it is improper under procedural rules.
Change of venue in American English Law. the substitution of another place of trial, as when the local jury or court is likely to be prejudiced. See full dictionary entry for venue. Webster's New World College Dictionary, 4th Edition.
To move your case to another court, you must make a “Motion to Change Venue” in writing, and file one copy with the Court where your case is currently located and another copy with the Department of Homeland Security.
Change of venue is the transfer of a legal action from one county to another county for trial. In criminal cases a change of venue is permitted if, for example, the court believes the defendant cannot receive a fair trial in a given county.
A change of venue request because venue is improper means that the removing defendant believes that the case may not be in that venue because it is improper under procedural rules.
Change of venue is the transfer of a legal action from one county to another county for trial. In criminal cases a change of venue is permitted if, for example, the court believes the defendant cannot receive a fair trial in a given county.
If a defendant believes that the plaintiff selected an improper venue, the defendant can raise the defense of improper venue and ask for dismissal of the case and/or transfer of venue.
Reasons for changes of venue include pretrial publicity, bias, political atmosphere, and any other circumstance that the parties believe would prevent them from obtaining a fair trial in the county in which the case was originally filed.
Section 1404(a) of Title 28 provides that: "for the convenience of parties and witnesses, in the interest of justice, a district may transfer any civil action to any other district where it might have been brought." Any party, including plaintiff, may move for a transfer under 28 U.S.C. § 1404(a).
Improper venue refers to a situation where a case is filed in a court that is not the correct geographic location for that case ing to applicable laws.