Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Change Of Venue Reasons In Florida
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47.122 Change of venue; convenience of parties or witnesses or in the interest of justice. —For the convenience of the parties or witnesses or in the interest of justice, any court of record may transfer any civil action to any other court of record in which it might have been brought.
Rule 12.540 of the Florida Family Law Rules of Procedure not only provides the vehicle for a party to seek relief from a judgment, but the rule also extends the time limit for a party to submit a motion to set aside a judgment due to fraudulent financial affidavits in that party's divorce or paternity case.
A change of venue request because venue is improper means that the removing defendant believes that the case may not be in that venue because it is improper under procedural rules.
It's very rare for a prosecutor to request a change of venue. I only know of one case and I will describe it below. Changes of venue are generally because it is believed than an impartial jury cannot be impaneled in the current venue. Obviously this is more often a concern for the defense than the prosecution.
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).
Rule 3.240. Change of Venue. (a) Grounds for Motion. The state or the defendant may move for a change of venue on the ground that a fair and impartial trial cannot be had in the county where the case is pending for any reason other than the interest and prejudice of the trial judge.
By Florida law, an institution accepting a transfer student from another participating institution must award credit for equivalent courses. Credits awarded must satisfy the receiving institution's requirements as though the student took the courses at the receiving institutions.
Judicial decision: The judge will decide whether to grant or deny your motion based on the evidence and arguments.
Florida Statute § 47.011 provides three places where venue may be proper: the county where the defendant resides, the county where the cause of action accrued, and the county where the property in litigation is located.
