Sample Letter Of Request For Change Of Venue Form Indiana In Franklin
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The state or defendant may request a change of venue from the county for cause. The motion must be accompanied by an affidavit signed by the defendant or prosecuting attorney. The affidavit must set forth facts supporting the constitutional or statutory basis for the change.
Nature and Extent of News Coverage. The more extensive the news coverage, the more likely a change of venue is appropriate. However, when the news coverage is so geographically widespread and pervasive throughout the state, a judge may decide that a change of venue may do no good.
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 26 - FINAL INSTRUCTIONS (a) The court shall read appropriate final instructions, which shall include at least the following: (1) the applicable burdens of proof; (2) the credibility of witnesses; and, (3) the manner of weighing the testimony received.
Rule 76 - Change of venue (A) In civil actions where the venue may be changed from the county, such change of venue from the county may be had only upon the filing of a verified motion specifically stating the grounds therefor by the party requesting the change.
All Motions and Petitions should be submitted on 8 ½ x 11 inch paper and either typed or legibly printed. You must provide the Court with the original plus one (1) additional copy for each party of the case (a minimum of four (3) copies of each document).
A change of judge in a civil case can arise in two basic scenarios: (1) a motion for change of judge under Ind. Trial Rule 76, and (2) disqualification or recusal under T.R. 79(C). Regardless of the reason for naming a special judge, the first step under T.R.
To change the judge you have to file an Affidavit of Prejudice. The statute requires that the judge be changed if you file the affidavit prior to the judge making any ruling in the case. After that, you have to schedule a Motion to change the judge, and you have to prove actual prejudice.
If there is a legal basis for disagreeing the judge's ruling, you can file an appeal. If it's just because you don't like the ruling , but don't have a legal reson there is nothing you can do.
