Change Of Venue Wording In Phoenix
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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 filed to allege that the lawsuit has been filed in the wrong precinct. However, venue may be proper in more than one justice precinct. If the court grants an Order for a Change of Venue the case will be transferred to the proper justice precinct.
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.
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.
Negative pre-trial publicity is the most common reason for a change of venue. The defense lawyer must show that the publicity was severe enough that it affects the ability to find an impartial jury.
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.
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.
In Arizona, the judge generally has 60 days to either grant or deny your motion.
During a trial in Arizona, a defense attorney may ask for a Rule 11 evaluation of his or her client. Under Rule 11, the defendant has the right to a full mental examination and hearing when reasonable grounds exist for it. A Rule 11 hearing may be held when a defendant is suspected of being mentally incompetent.
