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 Virginia
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Change of venue in American English noun. Law. the removal of a trial to another jurisdiction.
When an attorney requests a change of venue they are asking: to move the trial from one state to another due to the potential unfairness of a trial in the first state. A change of venue is a request to move a trial to a different physical location in order to effect fairness and justice.
The movement of a trial to a different jurisdiction or location is termed a change of venue, often requested to ensure a fair trial away from pre-trial publicity. This change is essential for maintaining the integrity of the judicial process by attempting to avoid bias.
If a change of venue motion is granted, the trial court, some court staff and the litigants will all travel to another jurisdiction to try the case.
The rule provides for a change of venue only on defendant's motion and does not extend the same right to the prosecution, since the defendant has a constitutional right to a trial in the district where the offense was committed. Constitution of the United States, Article III, Sec. 2, Par.
Definition: The transfer of a case refers to the lawful authority to remove a case from the jurisdiction of one court or judge to another. It is also known as the transfer of a cause.
The Procedure for a Change of Venue Filing the motion. The moving party should file a motion for a change of venue with the court where the case is pending. Supporting affidavits. The moving party must also provide affidavits and other evidence to support the motion. Serving the motion. Hearing. The judge's decision.
Fair or impartial trial. If you have a reason to believe that an impartial trial isn't possible in the original court, you can also request a change of venue. An impartial trial can happen due to bias, pretrial publicity, or other circumstances surrounding the case.
The court may also transfer an action sua sponte.
