Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Change Of Venue Letter With Court In Suffolk
Category:
State:
Multi-State
County:
Suffolk
Control #:
US-0032LTR
Format:
Word;
Rich Text
Instant download
Description
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FAQ
TO ADJOURN (RESCHEDULE) YOUR TRIAL To request said adjournment you must submit a request in writing via certified mail to the court at least 10 days prior to the date of your trial and request that said trial be postponed for good cause.
YOU NEED TO CHANGE COURTS? To move your case to another court, you must make a “Motion to Change Venue” in writing, and file one copy with the Court where your case is currently located and another copy with the Department of Homeland Security.
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.
Type the Name and Address of the Judge or Court Staff On the next line below the name, include the name of the court in which the judge presides, such as "San Francisco Superior Court" or "United States Court of Appeals, Ninth Circuit." Directly under the name, include the judge's address, city, state and ZIP code.
Fair or impartial trial. If you have a reason to believe that an impartial trial isn't possible in the original court, you can also request a change of venue. An impartial trial can happen due to bias, pretrial publicity, or other circumstances surrounding the case.
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.
YOU NEED TO CHANGE COURTS? To move your case to another court, you must make a “Motion to Change Venue” in writing, and file one copy with the Court where your case is currently located and another copy with the Department of Homeland Security.
The rule provides for a change of venue only on defendant's motion and does not extend the same right to the prosecution, since the defendant has a constitutional right to a trial in the district where the offense was committed. Constitution of the United States, Article III, Sec. 2, Par.
Begin with a formal salutation, such as "Dear Judge Last Name," and introduce yourself and your case. Clearly state your reasons for requesting a continuance and provide supporting evidence. Conclude your letter by expressing your gratitude and willingness to cooperate with the court's decision.
More info
The court has placed the most commonly used forms on line as a resource. Please be advised that the forms detailed below are intended to be a guide.Section 212.9 Venue. Motions for a change of venue shall be heard in the division of the court in which the action was instituted. Any change to the County Clerk's Court Minutes index (i.e. Caption change, sealing order, venue change, etc.) must be submitted to the Court Actions Department. Justice Masley of the New York County Commercial Division issued a decision in Faustino v. Amin, 2018 NY Slip Op. 32347(U), denying a motion to change venue. A defendant seeking to change venue bears the burden of establishing that the designated county is improper. Ds moved to transfer venue from Bronx County to Nassau County pursuant to CPLR 504(1).
