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.
Write your full name here Write the date here mm/dd/yyyy Explain that you have moved. Request to move your case from your current immigration court to an immigration court near your new address. You can also explain why it would be difficult for you to go back to your current immigration court for your hearing.
The judge must review the facts of the specific case and determine whether a change of venue would be appropriate. For example, the judge may look into whether the foreign national may have a valid defense to removal. They also may be more likely to grant a change of venue if the case has not already been delayed.
A motion for change of venue is a legal tool to ensure a fair trial by addressing concerns such as local bias, pre-trial publicity, or concerns about the impartiality of potential jurors. The successful filing of this motion safeguards the defendant's right to a fair and impartial trial.
Write your name. Write the city and state of the court that currently has your immigration case. Write the city and the state of the location closest to you, or where you want to transfer your case. In this section, write in English why you want your case to be transferred.
The Rodney King case is one example of a notable change of venue where the trial was moved from Los Angeles to Simi Valley to manage impartiality. Dzhokhar Tsarnaev, the suspect in the Boston Marathon bombing, also filed a motion for a change of venue because of pretrial publicity and local bias.
The 1995 double criminal trial of O.J. Simpson for the 1994 s of Nicole Brown Simpson and Ronald Goldman, in which the court granted a change of venue, and ordered the case to be moved from Santa Monica to downtown Los Angeles.
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.
Pleadings Allowed. Only these pleadings are allowed: a complaint; an answer to a complaint; a counterclaim; an answer to a counterclaim designated as a counterclaim; an answer to a crossclaim; a third-party complaint; an answer to a third-party complaint; and, if the court orders one, a reply to an answer.
Noun. law. the removal of a trial out of one jurisdiction into another.
YOU NEED TO CHANGE COURTS? 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.