Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Change Of Venue Letter With Case In King
Category:
State:
Multi-State
County:
King
Control #:
US-0032LTR
Format:
Word;
Rich Text
Instant download
Description
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FAQ
The rule provides for a change of venue only on defendant's motion and does not extend the same right to the prosecution, since the defendant has a constitutional right to a trial in the district where the offense was committed. Constitution of the United States, Article III, Sec. 2, Par.
The movement of a trial to a different jurisdiction or location is termed a change of venue, often requested to ensure a fair trial away from pre-trial publicity. This change is essential for maintaining the integrity of the judicial process by attempting to avoid bias.
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.
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.
If a change of venue motion is granted, the trial court, some court staff and the litigants will all travel to another jurisdiction to try the case.
When an attorney requests a change of venue they are asking: to move the trial from one state to another due to the potential unfairness of a trial in the first state. A change of venue is a request to move a trial to a different physical location in order to effect fairness and justice.
Definition: The transfer of a case refers to the lawful authority to remove a case from the jurisdiction of one court or judge to another. It is also known as the transfer of a cause.
For example, in California, when a bailiff or marshal calls the court to order part of the cry will take the form "in and for the County of San Francisco"; when there is a change of venue the cry will be, "in the County of Alameda for the County of San Francisco."
Rule 21 – Misjoinder and Nonjoinder of Parties. Misjoinder of parties is not a ground for dismissing an action. On motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party.
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."
