Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Change Of Venue Letter With Case In Cook
Category:
State:
Multi-State
County:
Cook
Control #:
US-0032LTR
Format:
Word;
Rich Text
Instant download
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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.
104. Venue. The proceedings shall be had in the county where the plaintiff or defendant resides, except as otherwise provided herein, but process may be directed to any county in the State. Objection to venue is barred if not made within such time as the defendant's response is due.
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).
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.
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.
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.
In order to conserve judicial resources and promote efficiency in the administration of the Circuit Court, upon motion of any party or upon the court's own motion, the Circuit Court may assign or reassign related cases to a single judge wherever it serves the convenience of interested parties and the court.
If a change of venue motion is granted, the trial court, some court staff and the litigants will all travel to another jurisdiction to try the case.
In order to conserve judicial resources and promote efficiency in the administration of the Circuit Court, upon motion of any party or upon the court's own motion, the Circuit Court may assign or reassign related cases to a single judge wherever it serves the convenience of interested parties and the court.
