Virginia Motion to Change Jurisdiction - Venue
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How to fill out Motion To Change Jurisdiction - Venue?
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FAQ
'Venue' in Virginia civil procedure describes the rules governing which court in the Commonwealth of Virginia is the appropriate place for a case to be tried, presuming that subject matter jurisdiction and personal jurisdiction have been established.
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.
§ 8.01-265. The court, on motion of any party and for good cause shown, may retain the action for trial. Except by agreement of all parties, no action enumerated in Category A, § 8.01-261, shall be transferred to or retained by a forum not enumerated in such category. Code of Virginia Code - Chapter 5. Venue - Virginia Law virginia.gov ? vacodefull ? title8.01 ? chap... virginia.gov ? vacodefull ? title8.01 ? chap...
A motion to transfer venue must be made in writing or in court with the parties present. When a written motion is filed, it must be set for hearing, and the motion and notice of hearing must be served on all other parties or on counsel of record, if any.
As to actions in general district courts, a motion objecting to venue, which may be in the form of a letter or other written communication, shall be filed with or received by the court on or before the day of trial. Waiver by any defendant shall not constitute waiver for any other defendant entitled to object to venue. § 8.01-264. Venue improperly laid; objection - Virginia Law Virginia Law (.gov) ? chapter5 ? section8.01-264 Virginia Law (.gov) ? chapter5 ? section8.01-264
Venue generally. It is the intent of this chapter that every action shall be commenced and tried in a forum convenient to the parties and witnesses, where justice can be administered without prejudice or delay. § 8.01-257. Venue generally - Virginia Law virginia.gov ? chapter5 ? section8.01-257 virginia.gov ? chapter5 ? section8.01-257
Motion for Change of Venue ? may be made for various reasons including pre-trial publicity. If the local news has covered the case a great deal, it may be necessary to move the trial to another venue to protect the defendant's right to an impartial jury.