Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Change Of Venue In A Sentence In Fairfax
Category:
State:
Multi-State
County:
Fairfax
Control #:
US-0032LTR
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Word;
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FAQ
Unlike subject matter jurisdiction, defendants may waive their argument that venue is improper. The Federal Rules of Civil Procedure provide that defendants waive a venue defense “that was available to the party” when they omit it from an initial motion to dismiss or fail to include it in a responsive pleading.
§ 8.01-265. The court, on motion of any party and for good cause shown, may retain the action for trial. Except by agreement of all parties, no action enumerated in Category A, § 8.01-261, shall be transferred to or retained by a forum not enumerated in such category.
A motion to transfer venue must be made in writing or in court with the parties present. When a written motion is filed, it must be set for hearing, and the motion and notice of hearing must be served on all other parties or on counsel of record, if any.
Category B venue is much more expansive. It generally lies where the defendant resides or has their principal place of employment, or has a registered office or registered agent, or where some part of the action arose. It also lies in any place where the cause of action, or a part thereof, arose.
How are courts organized in Virginia? General District Courts have authority in matters related to juveniles and to domestic relations. Circuit Courts hear criminal cases involving more serious offenses, called felonies, civil actions involving larger monetary claims, and appeals from District Courts.
Rule . — All final judgments, orders, and decrees, irrespective of terms of court, remain under the control of the trial court and may be modified, vacated, or suspended for twenty-one days after the date of entry, and no longer.
Virginia's Judicial System The present system consists of four levels of courts: the Supreme Court, the Court of Appeals, the circuit courts, and the district courts. In addition, magistrates serve as judicial officers with authority to issue various types of processes.
Change of venue is the transfer of a legal action from one county to another county for trial. In criminal cases a change of venue is permitted if, for example, the court believes the defendant cannot receive a fair trial in a given county.
Continuances are filed in person, by phone, or by email. The clerk's office will process a first continuance request. All second and subsequent requests will be reviewed by a Judge. For serious misdemeanor charges, including DWIs, a Judge must review all continuance requests, and some further requirements must be met.
'Venue' in Virginia civil procedure describes the rules governing which court in the Commonwealth of Virginia is the appropriate place for a case to be tried, presuming that subject matter jurisdiction and personal jurisdiction have been established.
