Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Change Of Venue Letter Without Name In Montgomery
Category:
State:
Multi-State
County:
Montgomery
Control #:
US-0032LTR
Format:
Word;
Rich Text
Instant download
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FAQ
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).
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 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.
The plaintiff's choice of venue is usually proper if the court is located in a judicial district where the defendant resides or where the events giving rise to the claim occurred. A lawsuit may, however, be transferred to another US venue if that venue is more convenient or if the plaintiff's chosen venue is improper.
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.
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.
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."
