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.
You may choose to file your own Family Court petition. To do so, go to the website listed below and choose the type of petition you want to file. Completed petitions must be filed with the General Clerk of the Family Court (631-853-4289).
Write your full name here Write the date here mm/dd/yyyy Explain that you have moved. Request to move your case from your current immigration court to an immigration court near your new address. You can also explain why it would be difficult for you to go back to your current immigration court for your hearing.
In New York, this type of substitute motion is called an "Order to Show Cause." An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced there's a real emergency.
A motion requesting a change of venue must be filed at or before arraignment if the defendant has filed a written request for arraignment or, if arraignment is waived, within 21 days of the return of the indictment.
Evidence is Everything Show Cause hearings are very evidentiary based. You must be able to show the judge the ways in which the opposing party has not complied with the order currently in place. If the other side has not complied with the order, they will be found guilty.
To file a motion for contempt in New York, certain criteria must be met. There must be an existing order of the court that is clear and unambiguous, and the accused must be proven to have known about this order and willfully disobeyed it.
The Order to Show Cause often contains a direction to the parties that they stop some specific activity until the court hears or decides the motion. The Order to Show Cause is supported by an "Affidavit in Support," and copies of any documents that support the request and would help the judge make a decision.
In California, parents have the right to petition for an emergency custody hearing in family court under certain circumstances to protect their child from imminent harm.