Washington Motion to Change Venue (OR-17A) is a legal motion filed in the state of Washington to transfer a case from one county court to another. It allows parties to ask the court to move their case out of the county where the case was originally filed to another county in Washington state. This motion is sometimes referred to as a “change of venue” motion. There are two types of Washington Motion to Change Venue (OR-17A): a Motion to Change Venue by Agreement and a Motion to Change Venue without Agreement. The Motion to Change Venue by Agreement requires both parties to agree to the change of venue. The Motion to Change Venue without Agreement requires only one party to file the motion and the other party can either agree or disagree with the motion. The court will then make a determination on whether to grant the motion.
Washington Motion to Change Venue (OR-17A)
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FAQ
For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented.
Transmission of record on change of venue?Costs, attorney's fee. (1) When an order is made transferring an action or proceeding for trial, the clerk of the court must transmit the pleadings and papers therein to the court to which it is transferred and charge a fee as provided in RCW 36.18. 016.
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).
In a civil action, venue is often determined by the residence of the defendant or plaintiff. In a criminal case, the proper venue is usually where the crime was committed, or where the body was found if there was a murder. If the case involves real property, the venue is where the property is located.
Choice of Law in the Transferee Court Following a transfer of venue, the transferee court must decide whether it will apply the law of the state or circuit in which it sits, or that of the transferor court's state or circuit.
050 provides that the proper venue (ie, location) for the probating of Wills and administering of Decedent's estates is: For Washington residents: The county of Decedent's residence at death. For Washington non-residents: The county where Decedent died, or.
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.
July 2021. Change of Venue in California. 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.