Sample Letter Of Request For Change Of Venue For Court In Collin
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YOU NEED TO CHANGE COURTS? 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.
Write your full name here Write the date here mm/dd/yyyy Explain that you have moved. Request to move your case from your current immigration court to an immigration court near your new address. You can also explain why it would be difficult for you to go back to your current immigration court for your hearing.
Your letter can be typed or neatly handwritten. You should date and sign your letter. You don't need to write formal words to the Court, just make sure everything in your letter is genuine. It is usually a good idea to keep your letter to a page in length, and no more than two pages.
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.
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.
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.
YOU NEED TO CHANGE COURTS? 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.
Your letter can be typed or neatly handwritten. You should date and sign your letter. You don't need to write formal words to the Court, just make sure everything in your letter is genuine. It is usually a good idea to keep your letter to a page in length, and no more than two pages.
Circumstances that may indicate good cause for a continuance include the unavailability of an essential witness (CRC 3.1332 (c)(1)); the unavailability of a party because of death, illness, or other excusable circumstances (CRC 3.1332 (c)(2)); or a significant, unanticipated change in the status of the case as a result ...
