Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Change Of Venue Reasons In Chicago
Category:
State:
Multi-State
City:
Chicago
Control #:
US-0032LTR
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Word;
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FAQ
Possible Grounds for a Continuance A judge will be more receptive to a motion for a continuance if the foreign national can show that they would face an extreme hardship if they were required to attend the currently scheduled hearing, or that an immediate family member would face an extreme hardship.
The judge must review the facts of the specific case and determine whether a change of venue would be appropriate. For example, the judge may look into whether the foreign national may have a valid defense to removal. They also may be more likely to grant a change of venue if the case has not already been delayed.
Fair or impartial trial. If you have a reason to believe that an impartial trial isn't possible in the original court, you can also request a change of venue. An impartial trial can happen due to bias, pretrial publicity, or other circumstances surrounding the case.
To do so, go to the clerk of the circuit court where the case is currently being held to get a motion form. If the motion is granted, the circuit court clerk will send all of the papers filed in the case along with copies of all orders entered to the new venue. The court case will go on as if it had started there.
The judge must review the facts of the specific case and determine whether a change of venue would be appropriate. For example, the judge may look into whether the foreign national may have a valid defense to removal. They also may be more likely to grant a change of venue if the case has not already been delayed.
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.
To move your case to another court, you must make a “Motion to Change Venue” in writing, and file one copy with the Court where your case is currently located and another copy with the Department of Homeland Security.
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.
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.
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).
