Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Change Of Venue Reasons In Bexar
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State:
Multi-State
County:
Bexar
Control #:
US-0032LTR
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Word;
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In order to apply for a change of venue, you must do the following: Write in your Response to Petition form that you object to the venue OR file a Motion for Change of Venue with the court before proceeding to file any further motions; File the following forms: Motion for Change of Venue.
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."
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.
A motion to transfer venue based on the written consent of the parties shall be determined in ance with Rule 255. A motion to transfer venue on the basis that an impartial trial cannot be had in the courts where the action is pending shall be determined in ance with Rules 258 and 259.
A change of venue request because venue is improper means that the removing defendant believes that the case may not be in that venue because it is improper under procedural rules.
Change of venue in American English Law. the substitution of another place of trial, as when the local jury or court is likely to be prejudiced. See full dictionary entry for venue. Webster's New World College Dictionary, 4th Edition.
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.
If a defendant believes that the plaintiff selected an improper venue, the defendant can raise the defense of improper venue and ask for dismissal of the case and/or transfer of venue.
