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.
Rule 11 was designed to highlight the importance of constitutional rights by requiring the judge in district court to discuss these rights with the defendant before accepting his plea. In other words, Rule 11 was created to help the defendant understand the basic consequences of the decision to plead guilty.
The Utah State Court System is comprised of two appellate courts - the Supreme Court and Court of Appeals; trial courts including the District, Juvenile, and Justice Courts; and two administrative bodies - the Judicial Council and the Administrative Office of the Court.
If all parties agree ahead of time to reschedule, they can work together to call the judge or commissioner's staff to reschedule, or they can file a Stipulated Motion. If the non-moving party does not agree with the motion they can file a Memorandum Opposing the Motion.
If you want to transfer the order to the court you selected for enforcement, you will need to file a "Motion for Change of Venue" with the court that issued the order. The process for transferring your case is called "changing venue" and the legal authority for changing venue is found at Utah Code Section 78B-3-309.
In order to transfer a family law case to another county, one party must file a motion, also called a request for order. This motion is the legal process of asking the court to move the case to another court. Additionally, the most important part of the motion is the supporting declaration.
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.
It's very rare for a prosecutor to request a change of venue. I only know of one case and I will describe it below. Changes of venue are generally because it is believed than an impartial jury cannot be impaneled in the current venue. Obviously this is more often a concern for the defense than the prosecution.
The parties must file the motion with the court in which the family law case was originally filed. Then, the court will set a hearing date. Finally, the motion will need to be served on the other party so they can file a response if they do not agree with the request.
A defendant may challenge venue by writing to the court. The defendant is not required to personally appear at the hearing on the venue challenge. If the court denies the challenge and the defendant is not present, the hearing must be continued to another appropriate date.