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.
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 parties must file the motion with the court in which the family law case was originally filed. Then, the court will set a hearing date. Finally, the motion will need to be served on the other party so they can file a response if they do not agree with the request.
Ask the court to reschedule If you don't need to change a temporary order. Fill out Request to Reschedule Hearing (form FL-306) and the top part of Order on Request to Reschedule Hearing (form FL-309) If you need to change a temporary order.
The answer is yes; you can change the venue of your case in the Golden State. To transfer the case, you must file a motion for a change of venue (request for order) with the court where your case is currently filed. The court will then consider your motion along with your supporting declaration.
The Request for Order and all supporting documents must be served on the opposing party in a manner consistent with the requirements of law. This generally means that the person must be personally served, although in some situations service by mail is appropriate.
A Responsive Declaration to the Request for Order must be filed and served with any supporting documents within 9 Calendar days of the hearing.
There are two ways for a friend or family member to serve the claim: Personal Service: The claim is given to the person(s) you are suing. This must be done at least 15 days before the court date. If the person lives outside of Los Angeles County, they must be served at least 20 days before the court date.
If you received a Request for Order (form FL-300), it means the other person in your family law case is asking the judge to make a decision. The court sets a date to hear from both sides (a hearing) before it makes a decision.
Figure out the deadline to serve Unless the court orders a different time to serve, your server must mail the papers at least 16 court days plus 5 calendar days before your court date.