Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Change Of Venue Letter With Motion In Dallas
Category:
State:
Multi-State
County:
Dallas
Control #:
US-0032LTR
Format:
Word;
Rich Text
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FAQ
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).
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.
Brown v. A unanimous Court overturned Plessy v. Ferguson and held that state laws requiring or allowing racially segregated schools violate the Equal Protection Clause of the Fourteenth Amendment. The Court famously stated "separate educational facilities are inherently unequal."
The motion shall state the legal and factual basis for the transfer of the action and request transfer of the action to a specific county of mandatory or proper venue. Verification of the motion is not required. The motion may be accompanied by supporting affidavits as provided in Rule 87.
The Rodney King case is one example of a notable change of venue where the trial was moved from Los Angeles to Simi Valley to manage impartiality. Dzhokhar Tsarnaev, the suspect in the Boston Marathon bombing, also filed a motion for a change of venue because of pretrial publicity and local bias.
Negative pre-trial publicity is the most common reason for a change of venue. The defense lawyer must show that the publicity was severe enough that it affects the ability to find an impartial jury.
For example, in California, when a bailiff or marshal calls the court to order part of the cry will take the form "in and for the County of San Francisco"; when there is a change of venue the cry will be, "in the County of Alameda for the County of San Francisco."
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.
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.
