Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Change Of Venue Letter With Court In Contra Costa
Category:
State:
Multi-State
County:
Contra Costa
Control #:
US-0032LTR
Format:
Word;
Rich Text
Instant download
Description
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FAQ
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.
YOU NEED TO CHANGE COURTS? 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.
The Procedure for a Change of Venue Filing the motion. The moving party should file a motion for a change of venue with the court where the case is pending. Supporting affidavits. The moving party must also provide affidavits and other evidence to support the motion. Serving the motion. Hearing. The judge's decision.
The rule provides for a change of venue only on defendant's motion and does not extend the same right to the prosecution, since the defendant has a constitutional right to a trial in the district where the offense was committed. Constitution of the United States, Article III, Sec. 2, Par.
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.
Motions to transfer venue may be brought on the grounds that the action was filed in the wrong court, or that the convenience of the witnesses and the ends of justice would be promoted by the change in venue. CCP § 396b; CCP § 397(c). If venue is improper, a court must grant an "improper court" motion.
The Procedure for a Change of Venue Filing the motion. The moving party should file a motion for a change of venue with the court where the case is pending. Supporting affidavits. The moving party must also provide affidavits and other evidence to support the motion. Serving the motion. Hearing. The judge's decision.
If a motion for change of venue is granted, the parties can make suggestions of where they wish to have the case transferred. The judge granting the motion then informs the presiding judge of his or her court.
The rule provides for a change of venue only on defendant's motion and does not extend the same right to the prosecution, since the defendant has a constitutional right to a trial in the district where the offense was committed. Constitution of the United States, Article III, Sec. 2, Par.
