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 the legal term for moving a trial to a new location.
Change Of Venue. 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.
It's very rare for a prosecutor to request a change of venue. I only know of one case and I will describe it below. Changes of venue are generally because it is believed than an impartial jury cannot be impaneled in the current venue. Obviously this is more often a concern for the defense than the prosecution.
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.
The 2002 cases of Beltway snipers Lee Boyd Malvo and John Allen Muhammad, whose publicized crimes in northern Virginia caused their trials to be moved over 100 miles away to the southeastern Virginia cities of Chesapeake and Virginia Beach.
Go to: • Scroll down to the “Change of Address and Change of Venue” section. Click the link titled “Have you Moved?” ✓ The link will bring you to a self-help guide that includes a template Motion to Change Venue. Print at least 3 copies of the template.
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.
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 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.
Motions to transfer venue may be brought on the grounds that the action was filed in the wrong court, or that the convenience of the witnesses and the ends of justice would be promoted by the change in venue. CCP § 396b; CCP § 397(c). If venue is improper, a court must grant an "improper court" motion.