Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Change Of Venue Letter With Motion In Bronx
Category:
State:
Multi-State
County:
Bronx
Control #:
US-0032LTR
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
A demand for a change of venue based upon the designation of an improper venue must be made in writing, with or before service of the answer. CPLR § R511(a); Dockets Search. The demand must state that the action be tried in the county the defendant specifies is proper.
Brief Synopsis: A motion to transfer a state court case from one courthouse to another, often in another county, is based upon an argument that a “fair and impartial trial cannot be held in the county” usually due to news coverage and/or the popularity and prominence of the defendant.
A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party.
1. An attorney may appear on behalf of a party in a civil action or proceeding for limited purposes. Whenever an attorney appears for limited purposes, a notice of limited scope appearance shall be filed in addition to any self-represented appearance that the party may have already filed with the court.
Where, upon order of the court or by stipulation of all parties or as of right pursuant to section 1003, a new party is joined in the action and the joinder is not made upon the new party's motion, a supplemental summons specifying the pleading which the new party must answer shall be filed with the clerk of the court ...
After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed. CPLR 3012(b).
As for actions against the city of New York, its officers, boards or departments, the place of trial must be in the county within the city in which the cause of action arose. If the cause of action arose outside of the city, then the place of trial must be in the county of New York.
A sample summons with notice that a plaintiff may file and serve on a defendant to commence a civil action in New York state supreme court under Civil Practice Law and Rules (CPLR) 305(b).
