Change Of Venue In A Sentence In Georgia

State:
Multi-State
Control #:
US-0032LTR
Format:
Word; 
Rich Text
Instant download

Description

Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.

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FAQ

Brief Synopsis: A motion to transfer a state court case from one courthouse to another, often in another county, is based upon an argument that a “fair and impartial trial cannot be held in the county” usually due to news coverage and/or the popularity and prominence of the defendant.

Rule 26 - Effective until 1/2/2025 Motions Generally, Motions To Disqualify, Emergency Motions, And Motions To Expedite (1)Motions While Matter is Pending. Motions may be filed while a matter is pending in this Court. Motions should comply with Rules 15, 16, 17, and 20. Responses to motions may be filed at any time.

In all counties with more than 100,000 inhabitants, it shall be the duty of the judge of the superior, state, or city court, unless providentially hindered or unless counsel for the plaintiff and the defendant agree in writing to extend the time, to decide promptly, within 90 days after the same have been argued before ...

A change of venue is the legal term for moving a trial to a new location.

In general, in the state of Georgia, a sentence is void if the court imposes punishment that the law does not allow. A void sentence may be corrected at any time. Even if the time for modifying a sentence under OCGA 17-10-1(f) has passed, the court that imposed the void sentence retains the authority to correct it.

The defendant, in any criminal case in which a trial by jury is provided, may move in writing for a change of venue, whenever, in the defendant's or defense counsel's judgment, an impartial jury cannot be obtained in the county where the crime is alleged to have been committed.

Under Georgia law, the venue is typically the county where the defendant lives. However, in cases involving a corporation, the venue could be where the company's registered office is located or where it conducts substantial business.

A sentence modification starts with a request to the court where sentencing occurred. If you are seeking a sentence modification from a state-level court order, for example, you may make a motion for the trial court to reduce your sentence.

Noun. law. the removal of a trial out of one jurisdiction into another.

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Change Of Venue In A Sentence In Georgia