Philadelphia Pennsylvania Motion to Change Jurisdiction - Venue

Name: Philadelphia Pennsylvania Motion to Change Jurisdiction - Venue
Brand: US Legal Forms
Rating: 4.65 (344 reviews)

Category:

Civil Procedure - Motions - Sample Motions

State:

Multi-State

County:

Philadelphia

Control #:

US-MOT-01400

Format:

Instant download

Description

This is a multi-state form covering the subject matter of the title.

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Grounds for Change. To achieve a change of venue, defendants typically have to show a reasonable likelihood that they can't receive a fair trial. That reasonable likelihood is usually due to pretrial publicity, but it could have to do with some other event making it almost impossible to find an impartial jury.

(A) All motions for change of venue or for change of venire shall be made to the court in which the case is currently pending. Venue or venire may be changed by that court when it is determined after hearing that a fair and impartial trial cannot otherwise be had in the county where the case is currently pending.

A change of venue is the legal term for moving a trial to a new location.

Defendants in high-profile criminal cases often look to move their trials to another county or state as a way of improving the odds of finding jurors who are not already inclined to believing they are guilty.

When one party wants to change venue, she must file a motion for change of venue. Most jurisdictions have strict requirements for the motion, which can be found in that jurisdiction's rules of procedure.

Requesting a Change Normally, in order to seek a venue change, the defense must file a written motion with affidavits demonstrating why the defendant can't receive a fair trial. Some states, though, allow the judge to change venue without a request.

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.

1. Under section 526, Criminal Procedure Code, the High Court has power to transfer any case from one Court, subordinate to it to another on any of the grounds specified therein. This power of transfer extends to all classes of cases.

Courts are reluctant to change venue, and defendants can usually get only one venue change. Changing venue can affect the entire case. Further, the law on venue change may vary from state to state and from state to federal court. So, it's crucial to rely on an experienced attorney for explanation and advice.

9 In other words, venue is waivable. It is procedural, not a jurisdictional matter. It is intended to provide convenience to the parties, rather than restrict their access to the courts.

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The first is jurisdiction, which means that the court has the authority to decide the legal issues which affect the rights of the parties in the case. No changes may be made to the civil complaint form either in content or format.This request is more properly framed, however, as a basis for a motion to transfer under § 1406(a). Section 1391(a)(2) is a venue statute. 14, 2014) and defendants moved to dismiss based upon the lack of personal jurisdiction. Get free access to the complete judgment in GERMAN v. On the motion of Mr. Slaughter - 5 .

Philadelphia Pennsylvania Motion to Change Jurisdiction - Venue

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What is the reason to change the venue?

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