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 change of venue is supported by your affidavit and the affidavits of at least 3 other credible (believable) people that live in that county, showing local prejudice, that: you cannot get a fair and impartial trial in the current county, or. any other sufficient (necessary) reason as determined by the court, or.
Send a file-stamped copy of your Notice of Current Address form to the State Case Registry and to the Office of the Attorney General if it is involved in your case. You will need the mailing address for the State Case Registry.
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 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.
Moving the case to a different court Step 1: Get the forms. You need two forms. Step 2: Fill out and sign the notice of motion form. You can fill out the notice of motion and affidavit form in neat handwriting in blue or black pen. Step 3: Fill out and sign the Affidavit. Step 4: File the forms at court.
In the interest of justice, you can also seek a change of venue if there are concerns about prejudice on the judge's part. For instance, in cases where the judge had previous involvement, you can ask for a change of venue if the judge had a possible personal interest in the outcome.
Change of venue is the transfer of a legal action from one county to another county for trial. In criminal cases a change of venue is permitted if, for example, the court believes the defendant cannot receive a fair trial in a given county.
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.