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 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.
Go to: • Scroll down to the “Change of Address and Change of Venue” section. Click the link titled “Have you Moved?” ✓ The link will bring you to a self-help guide that includes a template Motion to Change Venue. Print at least 3 copies of the template.
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.
As we will explain below, the law governing the transfer of proceedings from one court to another generally favours the claimant. Therefore, if you want control over the location of the court where your disputes are resolved, provision ought to be made for this in your contracts.
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.
If a motion for change of venue is granted, the parties can make suggestions of where they wish to have the case transferred. The judge granting the motion then informs the presiding judge of his or her court.
Reasons for changes of venue include pretrial publicity, bias, political atmosphere, and any other circumstance that the parties believe would prevent them from obtaining a fair trial in the county in which the case was originally filed.
Usually, venue is in the county where: The person you are suing lives or does business (if you are suing a business or organization); or. The dispute arose, like where an accident happened, or where a contract was entered into or broken.
An application for a change of venue must be filed at least 10 days before the date set for trial. The Judicial Council of California plays a role after the court grants a change of venue.
If a motion for change of venue is granted, the parties can make suggestions of where they wish to have the case transferred. The judge granting the motion then informs the presiding judge of his or her court.