Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Sample Letter Of Request For Change Of Venue For Court In Queens
Category:
State:
Multi-State
County:
Queens
Control #:
US-0032LTR
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
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.
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.
The answer is yes; you can change the venue of your case in the Golden State. To transfer the case, you must file a motion for a change of venue (request for order) with the court where your case is currently filed. The court will then consider your motion along with your supporting declaration.
In the interest of justice, you can also seek a change of venue if there are concerns about prejudice on the judge's part. For instance, in cases where the judge had previous involvement, you can ask for a change of venue if the judge had a possible personal interest in the outcome.
Moving the case to a different court Step 1: Get the forms. You need two forms. Step 2: Fill out and sign the notice of motion form. You can fill out the notice of motion and affidavit form in neat handwriting in blue or black pen. Step 3: Fill out and sign the Affidavit. Step 4: File the forms at court.
In New York, this type of substitute motion is called an "Order to Show Cause." An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced there's a real emergency.
After a summons with notice is served, the defendant will demand that the plaintiff serve a complaint. The plaintiff must then have the complaint served within 20 days after being served with the demand, or the case may be dismissed.
Once an RJI is filed with the Court, the matter will be scheduled for a Preliminary Conference either before a Judge or a Court Attorney Referee. The time to get a Preliminary Conference date depends on the County but generally is 30-45 days unless there is an emergency issue.
Customarily, the party making the motion or requesting the relief that needs judicial intervention files the RJI, but that is not required. Review the RJI form carefully, and note that the filer must include: The case index number; PRACTICE TIP: At the top of the RJI form, the index number must be listed.
