Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Change Of Venue Reasons In California
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A change of venue is the legal term for moving a trial to a new location.
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.
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 defendant may challenge venue by writing to the court. The defendant is not required to personally appear at the hearing on the venue challenge. If the court denies the challenge and the defendant is not present, the hearing must be continued to another appropriate date.
In order to transfer a family law case to another county, one party must file a motion, also called a request for order. This motion is the legal process of asking the court to move the case to another court. Additionally, the most important part of the motion is the supporting declaration.
In legal terms, a 'move' is a formal request made to a court asking for a specific action or decision. In normal language you would also say "request" instead of "move"
Brief Synopsis: A motion to transfer a state court case from one courthouse to another, often in another county, is based upon an argument that a “fair and impartial trial cannot be held in the county” usually due to news coverage and/or the popularity and prominence of the defendant.
It's very rare for a prosecutor to request a change of venue. I only know of one case and I will describe it below. Changes of venue are generally because it is believed than an impartial jury cannot be impaneled in the current venue. Obviously this is more often a concern for the defense than the prosecution.
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A defendant or court official can file a petition for a change of venue if it is believed that a defendant cannot receive a fair trial in a given county. If there is something about defendant that makes him or her peculiarly subject to the hostility of the local community, venue is more likely to be changed.A: All that is required is good cause. An application for a change of venue must be filed at least 10 days before the date set for trial. You just do a Request for Order (FL300) and request a change of venue. Attach a declaration with the facts of the move and your ex being out of the State. A motion for a change of venue is a legal request for a party to transfer the case from one location to another. California Penal Code Sections 1033-1038. It simply says that if both parties have moved from the County that they can make the request under 397.5. (a) An applicant or defendant may petition the appeals board for a change of venue and a change of venue shall be granted for good cause.
