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Usually, venue is in the county where: The person you are suing lives or does business (if you are suing a business or organization); or. The dispute arose, like where an accident happened, or where a contract was entered into or broken.
Literally, forum non conveniens means inconvenient forum. It does not refer to a judicial forum that is improper; rather it refers to a judicial forum that is inconvenient or not as appropriate as another forum may be.
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 change of venue is supported by your affidavit and the affidavit of at least 3 other credible (believable) people that live in that county, showing local prejudice, that: you cannot get a fair and impartial trial in the current county, or. any other sufficient (necessary) reason as determined by the court, or.
Sometimes the defense tries to get the defendant's case out of one court and into another. The venue in a criminal case is the court that will hear the matter. In a typical case, jurisdiction would rest with a state, while venue would lie in a particular countyusually the county where the crime occurred.
Improper venue. Venue refers to the location of the court. Improper venue is distinct from the issue of personal jurisdiction even if a court has personal jurisdiction over you, the venue may be legally improper.
Change of Venue in California 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.
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.
Venue refers to the specific court in which a case is brought. In each city, county, state or country, there may be many courts in which a case may be brought, but one specific court may be more appropriate or proper than another. For a court to be a proper venue, it first must have jurisdiction to hear the case.
Change of Venue in California 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.