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.
The plaintiff may also have grounds to change venue under certain circumstances. The proper venue for individual parties is the county of residence for each individual. CPLR § 503(a); Smart Code. There must be substantial proof that the claimed residence is real and permanent, and not an attempt to forum shop.
Even if a venue is proper, it may not be impartial. Therefore, plaintiffs can move to change venue if they find that the one and only proper venue cannot be impartial. A party may also move to change venue if there is a more convenient venue for material witnesses. CPLR § 510(3); Smart Code.
The New York Civil Practice Law and Rules (CPLR) is chapter 8 of the Consolidated Laws of New York and governs legal procedure in the Unified Court System such as jurisdiction, venue, and pleadings, as well certain areas of substantive law such as the statute of limitations and joint and several liability.
MetLife Stadium — Capacity: 82,500 Not only is MetLife Stadium the biggest venue in New York, but it is the biggest venue in the entire NFL. Holding over 80,000 people, MetLife is just one of three NFL venues to eclipse the 80,000 mark. The Super Bowl has never been played in New York City.
A demand for a change of venue based upon the designation of an improper venue must be made in writing, with or before service of the answer. CPLR § R511(a); Dockets Search. The demand must state that the action be tried in the county the defendant specifies is proper.
Brief Synopsis: A motion to transfer a state court case from one courthouse to another, often in another county, is based upon an argument that a “fair and impartial trial cannot be held in the county” usually due to news coverage and/or the popularity and prominence of the defendant.
A demand for a change of venue based upon the designation of an improper venue must be made in writing, with or before service of the answer. CPLR § R511(a); Dockets Search. The demand must state that the action be tried in the county the defendant specifies is proper.
1. An attorney may appear on behalf of a party in a civil action or proceeding for limited purposes. Whenever an attorney appears for limited purposes, a notice of limited scope appearance shall be filed in addition to any self-represented appearance that the party may have already filed with the court.