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.
Change of venue is the transfer of a legal action from one county to another county for trial. In criminal cases a change of venue is permitted if, for example, the court believes the defendant cannot receive a fair trial in a given county.
In California, this process is governed by the California Code of Civil Procedure. You will need to draft and file the motion, along with any supporting documents or evidence, such as affidavits or declarations explaining the reasons for the requested change of venue.
Rule 3.240 - CHANGE OF VENUE (a)Grounds for Motion. The state or the defendant may move for a change of venue on the ground that a fair and impartial trial cannot be had in the county where the case is pending for any reason other than the interest and prejudice of the trial judge.
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."
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.
There may be a change of venue. Individuals have been severely punished financially and some small travel firms are likely to face bankruptcy as a result of the short notice for the change of venue. He had unsuccessfully sought a change of venue on the criminal charges.
Types of motions include, but are not limited to: motions to continue a trial to a later date, to modify a previous order of the court, for temporary child support, for clarification of an order, for the dismissal of the opposing party's case, for a rehearing, for contempt, for costs or attorney's fees.
Rule 3.240 - CHANGE OF VENUE (a)Grounds for Motion. The state or the defendant may move for a change of venue on the ground that a fair and impartial trial cannot be had in the county where the case is pending for any reason other than the interest and prejudice of the trial judge.
Florida Statute § 47.011 provides three places where venue may be proper: the county where the defendant resides, the county where the cause of action accrued, and the county where the property in litigation is located.
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.