Change Of Venue Wording In Palm Beach

State:
Multi-State
County:
Palm Beach
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

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).

Every motion for change of venue shall be in writing and be accompanied by: (1) affidavits of the movant and 2 or more other persons setting forth facts on which the motion is based; and (2) a certificate by the movant's counsel that the motion is made in good faith.

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.

Every motion for change of venue shall be in writing and be accompanied by: (1) affidavits of the movant and 2 or more other persons setting forth facts on which the motion is based; and (2) a certificate by the movant's counsel that the motion is made in good faith.

47.122 Change of venue; convenience of parties or witnesses or in the interest of justice. —For the convenience of the parties or witnesses or in the interest of justice, any court of record may transfer any civil action to any other court of record in which it might have been brought.

Submit a written request to the court handling the case. Include a declaration substantiating the reasons for the move request. Notify the other party involved in the case once you file a motion for a change of venue, as this allows them to respond.

If the other party files the case in a county that isn't ideal or correct, you have the option to file a motion for change of venue. If the venue they selected is inconvenient or doesn't comply with the general rules for venue, filing this motion early on can ensure your case is transferred to the appropriate county.

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."

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.

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Change Of Venue Wording In Palm Beach