Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Change Of Venue Letter With Motion In Oakland
Category:
State:
Multi-State
County:
Oakland
Control #:
US-0032LTR
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
Motion Procedure File the proper Motion, Brief, and Notice of hearing through MiFILE and mail an extra copy of the Motion and Brief marked "Judge's Copy" for all judges. The Notice must state: Date and time to be determined by the Court. File a proof of service for self-represented litigants.
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.
Rule 4.151 outlines the application and hearing process for a change of venue. 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 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.
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.
In a criminal action pending in the superior court, the court shall order a change of venue: (a) On motion of the defendant, to another county when it appears that there is a reasonable likelihood that a fair and impartial trial cannot be had in the 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.
Usually, venue is in the county where: The person you are suing lives or does business (if you are suing a business or organization); or. The dispute arose, like where an accident happened, or where a contract was entered into or broken.
