Sample Letter Of Request For Change Of Venue For Family Court In Wayne
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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.
Your motion must first be filed with the Wayne County Clerk before the Friend of the Court will schedule a hearing. The original, plus four copies of the motion and any additional sheets you have attached. A copy of the current court order you wish to change; if applicable.
You may file in the family court or a court of a different name that hears custody cases. Generally, you will file in the county where the child lives, and, depending on the circumstances, you may be able to request an emergency or temporary order as part of your petition.
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.
Section 1404(a) of Title 28 provides that: "for the convenience of parties and witnesses, in the interest of justice, a district may transfer any civil action to any other district where it might have been brought." Any party, including plaintiff, may move for a transfer under 28 U.S.C. § 1404(a).
I ask you to reschedule because (reason): Please let me know by (date) if you will agree to a continuance. If you agree, please send me a letter or email that says that you agree to the continuance. Thank you for considering my request.
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.
