Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
The answer is yes; you can change the venue of your case in the Golden State. To transfer the case, you must file a motion for a change of venue (request for order) with the court where your case is currently filed. The court will then consider your motion along with your supporting declaration.
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.
In the interest of justice, you can also seek a change of venue if there are concerns about prejudice on the judge's part. For instance, in cases where the judge had previous involvement, you can ask for a change of venue if the judge had a possible personal interest in the outcome.
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.
If you have a court case, you must keep your address up-to-date. Please use this form and file it with the court handling your case. Last updated on March 31, 2022 .
Moving the case to a different court Step 1: Get the forms. You need two forms. Step 2: Fill out and sign the notice of motion form. You can fill out the notice of motion and affidavit form in neat handwriting in blue or black pen. Step 3: Fill out and sign the Affidavit. Step 4: File the forms at court.
A Motion to Change Venue is a request to change your immigration court to one that is closer to where you live. Your Motion to Change Venue package should include: 1. Form EOIR-33. You need to include a separate Form EOIR-33 for yourself and each family member included in your case.
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.