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.
A motion to change venue is a way to ask the court to move your case from the county your case is in now to a different county within Minnesota. NOTE: If you are not sure if these forms should be used in your situation, you should get legal advice. The top part of the form helps identify the case.
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).
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.
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.
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.
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).
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.
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.
To change venue, you will need to file a verified motion stating the grounds for the change. Upon filing the verified motion, the other party has ten (10) days to object. If the verified motion for change of venue is granted, both parties have seven (7) days to agree on a new county.
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.