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.
If the other party files the case in a county that isn't ideal or correct, you have the option to file a motion for change of venue. If the venue they selected is inconvenient or doesn't comply with the general rules for venue, filing this motion early on can ensure your case is transferred to the appropriate county.
Section 1404(a) of Title 28 provides that: "for the convenience of parties and witnesses, in the interest of justice, a district may transfer any civil action to any other district where it might have been brought." Any party, including plaintiff, may move for a transfer under 28 U.S.C. § 1404(a).
Every motion for change of venue shall be in writing and be accompanied by: (1) affidavits of the movant and 2 or more other persons setting forth facts on which the motion is based; and (2) a certificate by the movant's counsel that the motion is made in good faith.
Write your full name here Write the date here mm/dd/yyyy Explain that you have moved. Request to move your case from your current immigration court to an immigration court near your new address. You can also explain why it would be difficult for you to go back to your current immigration court for your hearing.
Every motion for change of venue shall be in writing and be accompanied by: (1) affidavits of the movant and 2 or more other persons setting forth facts on which the motion is based; and (2) a certificate by the movant's counsel that the motion is made in good faith.
Submit a written request to the court handling the case. Include a declaration substantiating the reasons for the move request. Notify the other party involved in the case once you file a motion for a change of venue, as this allows them to respond.
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.
You must notify the Clerk & Comptroller's Office in writing of any address changes. There is a Change of Address form that can be completed, or you may use your own form/paper. The change of address request should include the following information: Case Number and Division.
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.