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 party who has signed a written contract may be compelled specifically to perform it, though the other party has not signed it, if the latter has performed, or offers to perform it on his part, and the case is otherwise proper for enforcing specific performance. Enacted 1872.
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.
The term “venue” refers to the appropriate geographical place (or county) to file a particular trust case. Under Probate Code 17005, the proper county to bring a lawsuit against a trustee is in the county where “the principal place of administration of the trust is located”.
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.
An application for a change of venue must be filed at least 10 days before the date set for trial. The Judicial Council of California plays a role after the court grants a change of venue.
The purpose of the venue statute is to protect defendants from being forced to try cases in unrelated locations. The general rule is that a defendant is entitled to have actions tried in the county of his residence.
How to update your address Fill out Notice form and make copies. Fill out Page 1 of Notice of Change of Address or Other Contact Information (form MC-040). Have Notice sent to other party. Have another adult, not you or anyone else in the case, mail a copy to the other party in your case. File Notice with the court.
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.
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.